• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Setarus got my mortgage and is refusing to talk with me.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cgra91

Junior Member
What is the name of your state (only U.S. law)? CA

My mortgage was being handled by Chase. I had assumed it after the death of my mother in 2010, and have been paying it since then. In November, Chase transferred the mortgage to Setarus.

But Setarus was evidently not informed of the death of my parents, or the fact that I've since assumed the mortgage.

The are currently demanding that they will only speak to the executor of the estate. However, our estate planning was such that when mom died, the property transferred to me without probate. Her other assets were negligable and did not have to be probated.

I've sent them the death certificates, the will, and will be (this coming week) sending them the property deed showing the transfer.

But as of now, Setarus is refusing to interact with me at all, including informatoin on what the monthly mortgage bill is. I'm up to date, but obviously, I need to be able to access this information. So, presuming nothing changes in the next week, I'll be speaking to an attorney.

So: 1. What information should I have in place for the attorney?
2. What other actions should I take to rectify this issue?
3. Is this sort of thing at all common? It sounds odd, given that I was already on the forms when Chase transferred the mortgage to Setarus.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? CA

My mortgage was being handled by Chase. I had assumed it after the death of my mother in 2010, and have been paying it since then. In November, Chase transferred the mortgage to Setarus.

But Setarus was evidently not informed of the death of my parents, or the fact that I've since assumed the mortgage.

The are currently demanding that they will only speak to the executor of the estate. However, our estate planning was such that when mom died, the property transferred to me without probate. Her other assets were negligable and did not have to be probated.

I've sent them the death certificates, the will, and will be (this coming week) sending them the property deed showing the transfer.

But as of now, Setarus is refusing to interact with me at all, including informatoin on what the monthly mortgage bill is. I'm up to date, but obviously, I need to be able to access this information. So, presuming nothing changes in the next week, I'll be speaking to an attorney.

So: 1. What information should I have in place for the attorney?
2. What other actions should I take to rectify this issue?
3. Is this sort of thing at all common? It sounds odd, given that I was already on the forms when Chase transferred the mortgage to Setarus.

How did you assume the mortgage? Did you have it put in your name? Or did they die and you just started paying it after sending the death certificate to Chase?
 

cgra91

Junior Member
How did you assume the mortgage? Did you have it put in your name? Or did they die and you just started paying it after sending the death certificate to Chase?

The former. Chase had me listed as "other borrower" on their paperwork.
 

FarmerJ

Senior Member
One thing you might consider doing too if they are refusing to communicate with you is when you do send to them anything in the mail from now on send it via certified mail so someone has to sign for it , since in the end you may well want to have a very lovely paper trail so even if they claimed they didn't get something you would have a record saying other wise. AND food for thought if you in the past let them collect taxes and insurance with your principle and interest maybe its time to pay the taxes and insurance your self so you not only know its getting done but then since your principle & interest really aren't going to ever change unless you miss payments or pay more on principle then who ever ends up holding the mortgage /servicing it really would have fewer reasons to be in contact with you
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top