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How do I challenge an estate foreclosure?

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7 replies to this topic

#1 groze

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Posted 23 September 2017 - 02:06 PM

How do I challenge an estate foreclosure?


I am doing a new post with some update info.   Even though I am still moving out of town next month (90% chance of signing the lease in Oct 2017),  I still want to challenge the mortgage   My mothers wishes. 


I just got a letter from Ocwen address to the estate.  The title of the letter [The mortgage loan payment is past due & the property may be referred to foreclosure.]


On the back under the right to foreclose,   [The noteholder can't find the original promissory note.]   Which confirms to me the mortgage brokers that did was a scam.  That mortgage brokers has shutdown.  As I said in another post, the original mortgage company was also shutdown.


So do I have a good case?   The balance is 54,209.34  (aprox)


What I am hoping for is enough to pay a pro bono lawyer plus enough to pay for  small one bedroom house or rent a one bedroom apartment for a few years,


Just a side note,  the letter also claims they tried to work with the person responsible for the loan.     How in the world can you work with a deceased person who is/was insolvent at the time of her death,  no estate or no probate was done per lawyer advice?  Note,  she had no will as well.


Thank you for this information

#2 DollarDog

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Posted 23 September 2017 - 03:32 PM

Is it the same house you posted about in 2013?



What happened with your friend's mortgage?



Both reference US Bank.

#3 groze

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Posted 24 September 2017 - 12:26 AM

I couldn't say much she was talking to an attorney & I wasn't lying.  The friend was my mom,  she was alive at that time.   I wanted to respect her & my privacy,  and didn't really want to go into detail about my disability at that time.   I already talk to a my cardiologist about my health.  He said try an apartment before going to nursing home.   He thinks I can handle it. Yes,  I am talking care of myself, my health, doing laundry, driving, getting groceries & bathing,  I have a friend that helping manage money & helping me find lawyers as well.   I got a lawyer appointment in October.   As I said in another thread,  I think I should of paid the house but that is to late now.


As I said she was actually talking to an attorney but unfortunately her health got worse & she was able to get the mortgage reduced.  The attorney was actually thinking of taking the case,  I can't find that attorneys number.   She worse then me on record keeping.


In that one thread,  I am really surprised I got a response from a moderator because when I first came here.   Creditboards were helping people delay and challenging foreclosures.


If its legal that fine,    They can go ahead a foreclose on it.   If its illegal,  then they owe the estate a lot of money that she paid into & the county can tale the house.   Either way, I am still going to an apartment.


I know,   I should just forget about the house.  I want honor my moms wishes that is the main reason I am doing this, the other reason was to delay the foreclose so I could stay here longer but that not an issue now (At least I hope).   However,  if I had the money I would still do it but have the lawyer do all the work.  Rich & upper middle income people are lucky-they can pay to challenge stuff and lose and still have money.    If the lawyer says it is not worth it,  then I would drop in a heartbeat (Medical humor) & I will forgot about it. 


No,  I am not trying the scam the mortgage company.   Like I said above,  if it is illegal the estate owed money,  otherwise its not--very simple.


I may drop it anyway for my health.   I am the type that needs to keep busy & my mind occupied so I deal with my moms death.   Me talking about my mom on this & other forums helps me.    Sometimes my bark  is worse then my bite.   Yes,  I am seeing another doctor about my moms death as well.   Once,  I move to this other town,  I will be looking for help there as well,    My bite is worse in email & in forums.



I may not post for awhile if the attorney goes ahead with the case.  

Edited by groze, 24 September 2017 - 12:39 AM.

#4 tiggerlgh

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Posted 24 September 2017 - 11:34 AM

What legal authority do you have to even try to take action? Either way what you have posted you aren't getting the house for free, nor is it clear what you think you have a case on.

How do you know they don't have the note? Did they attach a lost note affidavit?

Also Firstar bought US Bank they just changed their name to US Bank after the purchase vs continuing as Firstar. (A lot more to that story but has zero to do with your situation).

Edited by tiggerlgh, 24 September 2017 - 11:38 AM.

#5 DollarDog

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Posted 24 September 2017 - 11:50 AM

groze wants to get the house for free on the basis that the mortgage his deceased mother took out was fraudulent.


If he wins, it could affect his medicaid eligibility since he won't be living in the house.


But this isn't an argument based on logic or legal standing.  He lost his mother.  He's deathly ill and going through deep grief.


I hope you do get some help, groze, and are able to find some happiness in your final days.

#6 groze

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Posted 24 September 2017 - 08:21 PM

I woudn't of have posted again but I am really ticked.   I can here for help not to get chastised!!!    LETS MAKES THIS CLEAR I DON"T WANT THE HOUSE AND I AM NOT KEEPING IT!!!    You also implying my mom was nuts as well, which I do not appreciate all!!!   She was the one that got the lawyer after hearing on the news about fraudulent foreclosures that how all this started a few years ago.


What I am confused about is you don't want banks to follow the law.  (Don't bother answering,  I won't be back to read it.)


Unlike you,  I am going to show one last respect & answer the question.    An attorney told me being next of kin if the estate wins any money after all expenses then I am entitled to that.  Unless the attorney lied to me which is possible.    As I said I am going to verify this again in October with an attorney that expect no money.   Pro bono attorney,


I would go into more detail but you wouldn't believe me.   Canada forums understand me without issue & understand what I am going through.   One other thing.   I AM GETTING HELP WITH MY MOMS DEATH.  On the medicaid issue,  I don't have full medicaid and I am not on SSI.  It complicated on what I do have, my friend ironically happens to be a former medicaid district manager.  She knows her stuff.


This will be my final & last post here.   I will never depend on creditboards again ever.  I really don't need this extra stress of dealing with my moms death,  my heart issues,  moving,  somewhat dealing with the house & dealing with people that are downright rude on forums.   I really do wish I lived in Canada,  there much kinder up there & the help there disabled better.



groze logging out for the final time.   Mod you may close or get rid of my account after 7 days.  Please lock this thread & other threads I have started if you can't delete me totally after 7 days.  Thank You.  



    Forum Leads - State Laws

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Posted 25 September 2017 - 05:03 AM



As Staff, I can only offer my apologies,  We can't keep track of everyone's posts that are offensive and unhelpful 


Sorry for your loss, and I do hope that the lawyer you found will obtain some justice. for your Mom. 


few folks here have all the particular combined expertise to know all the angles that intersect in your particular situation - fraud on mortgage, estate, rental, disability 


sometimes it just takes a lawyer to put it all together ,and I'm glad you found one. 

#8 MarvBear


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Posted 25 September 2017 - 08:34 AM

Groze.   Let me offer on behalf of admin our sincere condolences for your loss and your personal circumstances.   There is always one douchebag in the forum that has to defecate on your wheaties.


Please stay around for help and advice.

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