Matt_Markley
08-02-2006, 04:17 PM
Hello,
I found a Property. Here's the situation.
1) The mother died with no will. Two children sister (36) and Brother (30). The Brother wants nothing to do with the House and sister. The Bother hasn't talked to the sister in years and did not attend the Mother's Funeral.
2) The House is still in the Mothers Name. The Daughter has lived in the house before and after moms Death.
3) The Mortgage is in the Mother's name and former partner. (His name was removed from the deed before the mom died.)
4) The daughter says she is the executor but has no papers and did not file with the court because their are no assets except the house.
5) The house is now in foreclosure. Attempts to contact the brother have failed. I spoke with The brothers father and he stated they didn't know where he was. He is 1000 miles away from us.
6) I have an agreement of with the daughter. I am giving her a small cash sum ($5000.00) and taking over the mortgage, paying it current and paying the liens.
7) Question: Given the pending foreclosure, Can she transfer the deed to me and not have the brother come back and sue me. The title company will do the paperwork but will not issue title insurance.
My question is: How much will I be liable for?
What is the best way to proceed?
What is the statute of limitations on something like this?
Thanks
I found a Property. Here's the situation.
1) The mother died with no will. Two children sister (36) and Brother (30). The Brother wants nothing to do with the House and sister. The Bother hasn't talked to the sister in years and did not attend the Mother's Funeral.
2) The House is still in the Mothers Name. The Daughter has lived in the house before and after moms Death.
3) The Mortgage is in the Mother's name and former partner. (His name was removed from the deed before the mom died.)
4) The daughter says she is the executor but has no papers and did not file with the court because their are no assets except the house.
5) The house is now in foreclosure. Attempts to contact the brother have failed. I spoke with The brothers father and he stated they didn't know where he was. He is 1000 miles away from us.
6) I have an agreement of with the daughter. I am giving her a small cash sum ($5000.00) and taking over the mortgage, paying it current and paying the liens.
7) Question: Given the pending foreclosure, Can she transfer the deed to me and not have the brother come back and sue me. The title company will do the paperwork but will not issue title insurance.
My question is: How much will I be liable for?
What is the best way to proceed?
What is the statute of limitations on something like this?
Thanks