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What does the bank mean? concerning inherited property left to 3 heirs

Janesville, WI |

3 people inherit property so they go to the bank the bank ask for everyones id and ss 2 refuse the bank says to them you do understand by not complying you will essentially have no say in the property ,,, the 2 agree and 3rd is told the morpage lender will be contacting him. what does this mean

correction mortgage lender

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Attorney answers 3


I suspect what is happening is that due to privacy laws, the bank is unable to deal with anyone until that person agrees to complete paperwork that allows him/her to become their customer. The bank cannot control who has a "say in the property." They can control who they will deal with.

Depending on HOW the property was inherited and how it is now titled, you may need an attorney to help you sort this out.

The mortgage lender cannot foreclose on the property or accelerate the loan as long as payments are kept current, under Federal law.

James Frederick

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It's not clear why they went to the bank in the first place, but hey should contact a probate lawyer to ensure that title is/was transferred properly.

If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in California. The response herein is not legal advice and does not create an attorney-client relationship. The response is for legal education and is intended to provide general information about the matter within the question.


Because the term "inherited property" is ambiguous, the first step is to understand how inherited - remainder after daeth of life tenant, joint tenants after the death of one, transfer on death deed, intestacy, will, trust, or other? Dpepdmeomg on the form that may indicate whether passes free and clear or subject to claims.

Second, a mortgage lender does have a mortgage that continues to be a lien regardless of the form referenced above, assuming that the mortgage was erfected properly - and that again requires looking at the title factors first referenced above; could be free and clear, or could be subject to mortgage depending on facts.

The idnetiy could be related to privacy laws. or might be that bank's interpretation of a regulation. Like an attorney you could call and ask for citations to authority. Might be a banking regulation or something else yu are not aware of - look it over to see if disputable or not.
Hope this helps.