Eviction

[bearishgurl]

If the owner has been dead a year and title was never passed to any heirs, then it is likely the owner died without a joint tenant on title or a will or trust. It is likely the daughter/tenant did not pay the mortgage because a clear title was never passed to him/her and his/her siblings because the owner died intestate. Perhaps there was not enough $$ and/or too much debt in the estate which would have eaten all the equity of that property so no one opened probate. It’s also possible that none of the potential heirs had the capacity to pay the mortgage or the decedent borrowed more on the property then it was worth so they declined to. The person you see living was probably just trying to live for “free” as long as possible until the lender took it back.

If that property is/was sold to a private party on the steps, that party has the right to extend a written lease to the occupant or evict them, whichever they prefer. If the lender takes the property back, it has the same rights but will most likely evict the tenant and market the property because there is a shortage of SFR’s in that zip code for sale.

Do you know what the opening bid was at the trustees sales and whether it was a first or second TD foreclosing?

[northparkbuyer]

The owner almost certainly had a will, but from what I know she may have placed everything in trust to her grandkids (also living in the house) and made the daughter/tenant the executor of the trust. For whatever reason, she didn’t use the estate funds to pay the mortgage.

Thanks bearishgurl, for the information. It was very helpful.

[northparkbuyer]

The owner almost certainly had a will, but from what I know she may have placed everything in trust to her grandkids (also living in the house) and made the daughter/tenant the executor of the trust. For whatever reason, she didn’t use the estate funds to pay the mortgage.

Thanks bearishgurl, for the information. It was very helpful.

[northparkbuyer]

The owner almost certainly had a will, but from what I know she may have placed everything in trust to her grandkids (also living in the house) and made the daughter/tenant the executor of the trust. For whatever reason, she didn’t use the estate funds to pay the mortgage.

Thanks bearishgurl, for the information. It was very helpful.

[northparkbuyer]

The owner almost certainly had a will, but from what I know she may have placed everything in trust to her grandkids (also living in the house) and made the daughter/tenant the executor of the trust. For whatever reason, she didn’t use the estate funds to pay the mortgage.

Thanks bearishgurl, for the information. It was very helpful.

[northparkbuyer]

The owner almost certainly had a will, but from what I know she may have placed everything in trust to her grandkids (also living in the house) and made the daughter/tenant the executor of the trust. For whatever reason, she didn’t use the estate funds to pay the mortgage.

Thanks bearishgurl, for the information. It was very helpful.

[northparkbuyer]

bearishgurl, I missed your last question in my reply. According to the Web site, the opening bid was $460K.

I am fairly certain there was no second lien on the property, just a first for about $410K through BofA, $27K of which was paid back. All rough numbers.

Thanks again.

[northparkbuyer]

bearishgurl, I missed your last question in my reply. According to the Web site, the opening bid was $460K.

I am fairly certain there was no second lien on the property, just a first for about $410K through BofA, $27K of which was paid back. All rough numbers.

Thanks again.

[northparkbuyer]

bearishgurl, I missed your last question in my reply. According to the Web site, the opening bid was $460K.

I am fairly certain there was no second lien on the property, just a first for about $410K through BofA, $27K of which was paid back. All rough numbers.

Thanks again.

[northparkbuyer]

bearishgurl, I missed your last question in my reply. According to the Web site, the opening bid was $460K.

I am fairly certain there was no second lien on the property, just a first for about $410K through BofA, $27K of which was paid back. All rough numbers.

Thanks again.

[northparkbuyer]

bearishgurl, I missed your last question in my reply. According to the Web site, the opening bid was $460K.

I am fairly certain there was no second lien on the property, just a first for about $410K through BofA, $27K of which was paid back. All rough numbers.

Thanks again.

[bearishgurl]

I believe if there was actually substantial equity in the property, any likely heirs or even their parent (the daughter) would have moved heaven and earth to save it from foreclosure.

It’s also possible that Medi-Cal liens ate up whatever equity was remaining after the TD loan(s). If the Notice of Sale which was presumably prepared in the last month is still in the name of the decedent, then I do not believe a your decedent’s “will” was ever probated as any competent attorney probating that estate would have first sent the lender(s) a death certificate, filed the death certificate in the county recorder, filed a change of ownership form with the county assessor and also could have gotten a court order to stay the sale.

If the decedent had a “trust,” are you certain that the property was placed in it?

Legal title appears to still be in the name of the decedent so that is all the trustee had to go by when preparing the Notice of Sale.

[bearishgurl]

I believe if there was actually substantial equity in the property, any likely heirs or even their parent (the daughter) would have moved heaven and earth to save it from foreclosure.

It’s also possible that Medi-Cal liens ate up whatever equity was remaining after the TD loan(s). If the Notice of Sale which was presumably prepared in the last month is still in the name of the decedent, then I do not believe a your decedent’s “will” was ever probated as any competent attorney probating that estate would have first sent the lender(s) a death certificate, filed the death certificate in the county recorder, filed a change of ownership form with the county assessor and also could have gotten a court order to stay the sale.

If the decedent had a “trust,” are you certain that the property was placed in it?

Legal title appears to still be in the name of the decedent so that is all the trustee had to go by when preparing the Notice of Sale.

[bearishgurl]

I believe if there was actually substantial equity in the property, any likely heirs or even their parent (the daughter) would have moved heaven and earth to save it from foreclosure.

It’s also possible that Medi-Cal liens ate up whatever equity was remaining after the TD loan(s). If the Notice of Sale which was presumably prepared in the last month is still in the name of the decedent, then I do not believe a your decedent’s “will” was ever probated as any competent attorney probating that estate would have first sent the lender(s) a death certificate, filed the death certificate in the county recorder, filed a change of ownership form with the county assessor and also could have gotten a court order to stay the sale.

If the decedent had a “trust,” are you certain that the property was placed in it?

Legal title appears to still be in the name of the decedent so that is all the trustee had to go by when preparing the Notice of Sale.

[bearishgurl]

I believe if there was actually substantial equity in the property, any likely heirs or even their parent (the daughter) would have moved heaven and earth to save it from foreclosure.

It’s also possible that Medi-Cal liens ate up whatever equity was remaining after the TD loan(s). If the Notice of Sale which was presumably prepared in the last month is still in the name of the decedent, then I do not believe a your decedent’s “will” was ever probated as any competent attorney probating that estate would have first sent the lender(s) a death certificate, filed the death certificate in the county recorder, filed a change of ownership form with the county assessor and also could have gotten a court order to stay the sale.

If the decedent had a “trust,” are you certain that the property was placed in it?

Legal title appears to still be in the name of the decedent so that is all the trustee had to go by when preparing the Notice of Sale.

[Author]

Posts