Slow attorney!

[Ph128]

What is the name of your state? Florida

Is it possible for the attorney of an estate who is also the administrator to allow a home of the deceased person to go into foreclosure by not paying the mortgage?
Also Before the person died,he had entered into a purchase agreement to sell the home.
The real estate agent and buyer are having a hard time even getting the administrator to communicate with them.

 

[HomeGuru]

What is the name of your state? Florida

Is it possible for the attorney of an estate who is also the administrator to allow a home of the deceased person to go into foreclosure by not paying the mortgage?
Before the person died, he had entered into a purchase agreement to sell the home.
The real estate agent and buyer are having a hard time even getting the administrator to communicate with them.

**A: yes it is possible.

 

[Ph128]

So he could allow the home to foreclose so it can be purchased for the mortgage payoff and screw the estate out of the home's fair value, huh?
Maybe a good deal for one of his buddys?
What could one do about that to keep it from happening?

 

[Dandy Don]

Talk to a real estate attorney to find out all of your options, but one thing you can do is to be at the foreclosure hearing to make a higher offer than the "buddy" who is going to be there to try to get it for a steal. I suggest the real estate attorney because he/she may be able to advise you of options to get the sale cancelled before it even gets to the actual auction process. If you can get enough money together to pay off the outstanding amount owed to the mortgage company, it won't go into foreclosure and you can sell to someone else if you wish for more money. Is there enough money in the estate to pay off the outstanding debt that is owed to the mortgage company?

The decedent entered in to a purchase agreement WITH WHO to sell the home? You need to get a real estate attorney to pursue negotiation with the other party who originally offered to buy.

And don't just wait for a response from the current attorney. GO DOWN TO HIS DARN OFFICE IN PERSON and get a personal response as to what is going on, or fire him and get someone else to handle the estate.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[Ph128]

The decedent entered into agreement with the buyer. The real estate agent was acting as a dual agent.
The title work is complete and the agent is ready to close. Buyer is standing by with cash. The estate attorney/administrator is dragging his feet and not keeping or following the terms of the contract.
For example, the tenants, which one will also be the beneficiary of the will, were suppose to vacate the property prior to closing but the attorney told them not to move! The beneficiary is a stepgranddaughter who is also slightly mentally handicapped and will have to have have new guardianship as the decedent was guardian of this girl at the time of his death and the home was his residence. They keep getting notices in the mail of mortgage past due.
The sale would pay off the mortgage and put funds in the estate to pay other expenses. There isn't enough to pay off the mortgage but is some money his bank account to make a few payments. What's odd is the decedent had life insurance premiums deducted automatically from his checking and they are still doing so!
Getting the estate attorney/administrator to return calls is like pulling hens teeth!
The real estate agent is getting frustrated at the estate attorneys behavior by his not communicating with him and everyone concerned wants the sale of the property to go through.
It's starting to appear to me like the attorney is either being negligent or has something up his sleeve!
Nothing has happened yet so what I'd like to know is how to nip this in the bud before things start heading south!
I believe the estate attorney/administrator has filed the estate with the courts or how ever that's suppose to happen.
Would the judge have any say in this?