81 year old mom--new question

[Karenjm]

I posted earlier on 1/12/2012 about my mothers situation. here it is again condenced sorry it's long (Minnesota)

I will try to make this simple. My mother put myself and my sister on the deed to her property after my Dad passed away. After a few years she took a mortgage out on her proptery, both my sister and her husband and my husband and I had to sign the loan.My sister will no longer talk to my mom because of family issues. A ballon payment is due and my sister will not sign off the deed. I hired a laywer to request her to sign off the deed and she would not respond to the certified letter(she did sign for it) My question is this: I know she won't sign for a new loan, or sign off, so will she be be liable in any way if my Mom has to let the house go into forclousure? Or can we force a sale using my mom, my husband and I.

HERE'S THE NEW QUESTION:

I have talked to the banker and my sister and I are not the loanholders (only mom is) we just had to sign because we were on the title.I am signing off the deed. My question is, if my sister won't sign the deed back to my mom or won't sign for a new loan,and mom defaults the loan will my sister be included in the foreclosure? and to what degree? Could mom sign off the deed at the last minute or would that make a difference. I hope I am explaining this right. Thanks again for you help.What is the name of your state (only U.S. law)?

 

[FlyingRon]

Putting someone on the deed isn't some sort of a club. Your mother gave you each a third of the house (most likely). If she defaults on the loan and it is foreclosed, you will be named in the suit (required so you know you are losing your ownership interest), which will happen when the foreclosure comes. You can't force your sister to give her share back.

Your best bet would be to do your best to persuade your sister and yourself to undo the very stupid thing your mother did and give her back her house. If the house is foreclosed all three of you will lose.