Wednesday, January 9, 2013

Redwood City Probate Home in Foreclosure: What do I Do?


If you are the Personal Representative for a Redwood City Home in Probate that has a delinquent mortgage, but there is equity in the home, DON'T BE AN OSTRICH!!!!!!

It is now very common for Redwood City homes that are in Probate to have mortgages. Many homeowners were enticed to refinance in the last decade because of easy money or low interest rates, many seniors have reverse mortgages on their Redwood City Probate homes, and some people did not refinance because of low interest rates, but because they were helping out family members.
When a mortgagee dies the mortgage still needs to be paid. Death does not eliminate the obligation. So what do you do if the mortgage is late, the home is in foreclosure, and the estate has no money to pay the mortgage? It is very common for Redwood City Probate estates to be house rich but cash poor.
The first thing that has to happen in a probate with this situation is that a personal representative needs to be appointed. This sounds like a no brainer, but sometimes there are fights within a family as to who that person is going to be, and while people are fighting the bank could be foreclosing. So stop fighting and get someone appointed. 
Once the Personal Representative is appointed he or she should hire a real estate agent. This agent should have experience in both probate and short sales. Probate experience is a no brainer, but the reason for short sale experience is because that person will know who to talk to to postpone the foreclosure.
You will need to give authorization to your agent to speak with the bank and that takes a few days, so do this right away.
Once the postponement is granted get your Redwood City Probate home on the market and get it sold. Postponements generally are only good for 30 days at a time, and you may not get a second one if the home does not have an offer, so don't delay.
If the home has no equity then you should speak with the bank about a Deed in Lieu of Foreclosure. You may be able to negotiate the bank giving the estate $5,000 to $10,000 if you give them the keys and empty out the Redwood City Probate home. However, prices are appreciating so rapidly right now that you may believe your Redwood City Probate home is underwater when it really isn't.
So, if you have a Redwood City home in Probate and there is no money to pay the mortgage, don't just stand there, do something. Take the necessary steps to get help to make sure the estate's home is not lost to foreclosure. If you hide your head you could lose hundreds of thousand of dollars in equity.
If you have any questions about selling a Redwood City Home in Probate please feel free to contact me.
Marcy Moyer
marcy@marcymoyer.com
D.R.E. 01191194
650-619-9285

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