Question From Annette C.
My husband was willed and inherited his mother home and is her power of attorney! He later finds out she took a reverse mortgage out on the home. In 2000 the will was made etc. In 2007 is when she took reverse mortgage out. After she passed in Feb 2017 he started getting all kinds of papers in the mail from different mortgages saying they owed the house. So one of them said we had court Nov 2 2017 we didn't go and didn't hear nothing from that point on except Champion mortgage sent us paperwork saying they took over Wells Fargo and would acquirer our loan. So tell how we had a process server saw our locks off our door and tell us to leave it's only been 30 days after court date, got no notice to vacate no notice they got judgement what do we do? Also they did not sit ALL OUR belonging outside?
I have to tell you firstly that we are not licensed to give legal advice and even at that, I don’t know the location of the property and every state has their own laws regarding foreclosure so unfortunately, I can’t begin to tell you what was done, how it should be done or the notice requirements. I can tell you that I think you may have missed your window to protect your rights though, especially if a foreclosure has already been completed. At this point in time, I would strongly suggest that you immediately contact legal representation in the area where the property is located to determine that all of your rights have been protected but let me tell you what I fear.
If you did not answer all (or any) of the notices that you received after the borrower passed, the lender would assume that the borrower’s heirs were not interested in retaining the home or making arrangements to pay off the loan and would begin foreclosure proceedings (you said you began to receive all kinds of notices but you don’t mention anything about contacting them to make arrangement to pay off the loan). In fact, you mentioned that you received notice of a court date and did not attend. That appearance was your opportunity to plead your case to the court to avoid foreclosure, obtain additional time or become fully notified of the coming actions. When you say you received no notice, I fear the court date may have been your opportunity to obtain notice and you forfeited that opportunity by choosing to not show up.
With regard to foreclosure proceedings and handling of personal property left in the home, every state and possibly even county has their own laws and requirements for how this has to be handled. Again, I strongly suggest you seek legal counsel and if you feel you cannot afford an attorney, then I would suggest you check with free legal aid options in your area, to make sure that the lender did not violate any of your rights. You may have missed your window and it may be too late to do anything now, but you won’t know that unless you check with the proper source and the sooner the better.