Probate/ Foreclosure

  • Location: Minneapolis
  • Organization: Mid Minnesota Legal Aid

PLACED

Potential client lived with and cared for deceased for six years prior to his death in April 2017 at the age of 88. They were not related.

MMLA represented deceased in a reverse mortgage foreclosure in 2016-2017 due to unpaid property taxes. MMLA got the foreclosure postponed a couple times and he died before the foreclosure could occur. The mortgage was held and serviced by Wells Fargo. The principal limit was $289,500.

PC says deceased had a will and left his interest in the home to her. He also had a life insurance policy and named her the beneficiary. She believes the policy is for about $20,000. We are in the process of getting these documents from her. Deceased appears to have died without any other property beyond personal property. PC continued to live in the home after his death, and lives there still.

Wells Fargo assigned the mortgage servicer who foreclosed on the reverse mortgage on January 22, 2018. They gave it a 12-month redemption period, despite Mr. DeMent's previous postponement; the home was purchased at the sale for $133,000.00.

Redemption period will run on or about January 22, 2019. We believe PC has until then to either sell the property for more than was paid at the sheriff sale and walk away with anything left over, or purhcase the property. To do either, she needs to probate estate (or, we believe, at least be appointed the personal representative in order to sell). Her income and assets are at a point where she would qualify for our services if we did probate, and cannot pay an attorney.

Topics:
  • Probate, Wills & Trusts
  • Foreclosure / Contract For Deed
  • Estimated Time Commitment (Hours)
    • < 5
    • 5-10
    • 10-20
    • > 20
    • unknown
  • Mentor Available
  • Free Volunteer Training
  • Organization Provides Malpractice Insurance
  • Case Level / Appropriate For
    Intermediate
  • Skills Developed
    Court hearing