Dad passed, mortage is 8 months behind and bank wont talk to me, HELP

[scoyytd0012]

What is the name of your state (only U.S. law)? Louisiana
My dad passed away on April 29 of this year. Apparently the House was already 3 months behind when he passed and nothing has been paid since. My mom acts like she isn't even concerned and has even started moving some of her stuff out to her boyfriends house. She said we have to get a succession done but the bank (chase) said they need some other type of paperwork. The only thing she has done is get the succession typed up. Since then i have gotten it signed by her, myself and my sister and gotten it notarized. The clerk of courts office said it would be at least $300 if it doesn't have a description, more if it has one. I am guessing they mean a description of the land, which it does. Is a succession what i need and if so will it make me and my sister liable along with my mother for the debt on the house that is so far behind. My mother says after the succession we can do an act of donation to her for our interest in the house, is this true. After 8 months of non payment, is it to late to settle up with the bank. Mom and Dad were in the middle of a loan modification when he passed and she seams to think that after the succession and act of donation that she will be able to proceed with the loan modification and that the bank will just add all the months of non-payment to the modification. I have never had a mortgage of a death of this sort to deal with and am completely lost. i don't want to lose the house but i also don't have the money to catch up the payments and surely don't want a forclosure that i have to pay for. HELP!

 

[justalayman]

ya have a lot going on there so a couple questions:



just what are you trying to accomplish? If things work as you want them to;

who will own the house when it's all said and done

who will owe the mortgage when it's all said and done

 

[scoyytd0012]

if my mom wants it she can have it, but i dont think she does. talking to her about it this week. If not, i would love to have it but my credit stinks.

 

[justalayman]

You have a lot more than just the house to be concerned with but if you or your father's estate do not have the money to catch up on the mortgage, the house may be a lost cause.


A succession, in Louisiana is what would be called probate in most, if not all, other states (you guys and your Napoleonic based law ).


Louisiana is also a community property state. That makes succession more confusing.


I am not very familiar with succession law in Louisiana and don't want to get you going down a wrong path. ANYTHING I say should be taken with that in mind. I strongly recommend a lawyer to help you through this if you do decide to take on the succession action.

So, since La is a community property state, any property that was accumulated during the marriage is shared property between the spouses. Additionally, the surviving spouse has a right of usufruct, or a life estate in, I believe, all community property. You generally cannot carve out one part of the estate such as the house without dealing with all of the estate. Are you prepared to do that.

here is a link to a bit of info provided by La concerning the issue:

http://goea.louisiana.gov/assets/legalservicesfiles/Probateandsuccession.pdf

 

[OHRoadwarrior]

Before you waste time and money, how much is the property worth and how much is owed on the loan?