• 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.

Mother~Foreclosing

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

azfeathers

Junior Member
What is the name of your state?AZ:

My Mother is the lender on our home...cash was paid for the purchase, we have given her $10,000 down and for the past 2 years have paid our mortgage via bank transfer of funds from our acct. to hers...We had a falling out, she became angry when she tried to obtain a loan on our property and found she could not do so...she then requested that we take out a second in our names give her 1/2 of the cash and she would pay half of this loan...we refused...she then paid our property taxes without notice to us and tried to foreclose 4 months after doing so, to no avail...we have a receipt saying the taxes were paid by us...she then closed her bank acct. so the payment could not be made as it had been in a timely matter for the past two years...we sent the payments via mail, she said she never received 2 payments, so the third we sent certified, she left a message saying she would not accept the letter unless she knew what it was...I did not respond and she did sign for it, probably because she knew we were trying to get a loan to pay her off...her goal is to seize our home and have control over us, to avoid and get away from her misdoings we looked to refi...the loan was set to close, however the broker was misinforming us and ran our credit 23 times...this loan fell through and he tried to get us into a loan with a variable rate that could change right after closing...this was not acceptable to us, we had found another lender...my Mother had been contacted by them to obtain a verification of mortgage...at first she refused but then complied and gave the lender this info...we were waiting for the lender to receive the appraisal and then go to DOCs next week...however we received a certified letter informing us of a Trustee's Sale of our home...my Mother is foreclosing on us for failure to pay monthly installments which became due on Feb. 1st-failure to pay taxes-failure to reimburse Beneficiary to superior encumbrance holders...???...even though the verification she supplied to the lender does not state this info...I informed the lender and faxed this notice to them...they called my Mother and asked her to postpone this action since the loan would close in about a week and she would have her money...they told me she refused and when asked why would she do this to her own daughter she supposedly answered that she wanted to teach me a lesson...the lender suggested I call my Mother which I did...I asked why she was doing this and she said doing what...I told her foreclosing on us, she said because I did not inform her that we were getting a loan...I told her, I did do so and I asked, you have been speaking to our lender how much more verification of a loan in process did she need...she did not respond, so I repeated the question and then she hung up on me...at this time the lender can not proceed with our loan...and the foreclosure clock is still ticking...Please, help us...for we do not know what options or legal recourse we have to stop her actions which are preventing us from getting the loan we need to pay her off... ...Please note the following: we have a Deed Of Release And Reconveyance signed by her but not recorded, we also have a Direction For Full Reconveyance notarised and signed by her-not certain if this is recorded for she had mailed a copy to us...Your advice in this matter is very much appreciated...Thank You
 
Last edited:


punkin

Member
run dont walk to a good real estate attorney....time is of the essence here...you dont want to lose all the money you have invested in this home..... this is yet another good reason to not enter into financial deals with a relative....its very hard to digest that a mother would do this to her own child**************
 

pojo2

Senior Member
however the broker was misinforming us and ran our credit 23

Something easily remedied IF it actually happened.

Way more to this story than what is posted here but frankly if you do not break it down into a few paragraphs and sentences the help you might get is not going to be forthing coming because folks just will not read a 1 paragraph book.

Oh and pleaseeeeee get rid of multiple periods at the end of your sentences.

What's hard to digest maybe Mom has a point and daughter needs a lesson for whatever reason we do not know from this post!
 

azfeathers

Junior Member
The only thing more to this, is a Mothers greed!!! She has learned the appraised value of our home and wants more than the payoff that is due to her. Greed is her only motive!!!
 

punkin

Member
well, for certain GREED is a motivator..and i thought i was the only one that had a mother like that...i am being serious about that ! get to an attorney as soon as you can to protect your interests. it will forever amaze me that a mother can be that way with their own child and or children. a mother is to protect....even in the animal kingdom the mother puts her offsprings needs first and foremost. ever tried to pick up a baby chick without its mothers approval..now she WILL show you what protection is..
 

azfeathers

Junior Member
Greed is definitely her motive, an investor has offered to buy the note from her. She has refused and states that she wants to foreclose. Her only gain from this will be taking our home, we will sell before we let this happen. This is something we don't want to do, but will do so to stop her greedy mitts from getting it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top