Author Topic: I need help making a foreclosure decision fast  (Read 9892 times)

EconDiva

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I need help making a foreclosure decision fast
« on: May 31, 2014, 07:05:21 AM »
Here is a little background:
http://forum.mrmoneymustache.com/ask-a-mustachian/slippery-slope/

When I came home this week to attend my cousin's funeral, my grandfather passed suddenly on the day of the funeral. He was like my dad, as I grew up with my grandparents.

Anyways, coming home is always stressful for me because of my mom. She has some mental deficiencies (mainly depression) and she lives in a house that needs major work (ie no running water). She's also a mild hoarder.

She's going to get $25K and I'm scared it'll be gone in a year with not much to show for it. (Just to give an example--when she found out she'd be getting the money she said she was going to give my brother and I some money, but we are working and she is unemployed). I think my grandfather would want me to help her use this money to get the best living situation set up for her as possible.

I already know it won't go far, but that's why I'm posting here. Yesterday my mom told me her house is in foreclosure. She is waiting on the 30-day notice in the mail so let's just assume we have 30 days from today to make a decision.

Here are the options I was considering:

1-Keep house. Means all of the money would go to bills she's behind on, getting water running, electrical repairs, fix central heat/air, etc. Pros: emergent needs are taken care of, potentially no mortgage to pay if she can pay it off. She can stay in her house, as she doesn't do well with change.

2-Buy a small trailer and let the house go. Pros: again, potential to be mortgage free. Get to start with a 'clean slate'; she wouldn't have to oversee a process she doesn't really have the capacity to. Cons: it's a trailer and won't last long, but would probably last long enough (15 years?). Another con is the place would eventually look as cluttered as the current house.

The major unknown here is how much is owed on the house. I asked her yesterday and she said its on 'some paper' in her house and she didn't know where it was. Yet hours before she said she was 'so close' to paying off the house. I think her mortgage was right at $30K when she bought the house 20 years ago.

I am going to try hard today to get her to tell me the balance. With this limited amount of info, can you please give me your best advice in terms of how best to use this money? Bottom line is, I will be responsible for her financial well being now. If it's not spent right, I will have to pick up the slack now.

FYI, I'm 35 and live in the Midwest; my mom is 55 and lives in South Carolina.

BFGirl

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Re: I need help making a foreclosure decision fast
« Reply #1 on: May 31, 2014, 07:40:39 AM »
Without knowing the value of the house and the amount of the mortgage, it is hard to say whether or not to try and keep the house. If the value of the house minus mortgage and repairs is greater than $25K then maybe you want to try and save it.  If not, then maybe you should see if the mortgage company will let her sign a "deed in lieu of foreclosure" to give them the house. 

You might consider an apartment for her rather than a trailer.  Then a landlord would have to maintain it and you could probably find one that included all the utilities. The only issue may be her credit, but you might be able to take out the lease in your name.

On a different note, it sounds to me like she may have more than depression going on.  Have you thought about taking her to the doctor to be evaluated? Also, medication might help, if she isn't already on it.  Is she working?  If not, I am not sure of the criteria for getting  disability, but if she has chronic depression she may qualify for benefits.

I really feel for you.  I am so sorry that you are.having to go through this.


EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #2 on: May 31, 2014, 08:37:27 AM »
I am hoping I can find out the amount owed on the house today. She might not want to tell me :(

She is not working. She got laid off last year and hasn't been looking for a job. She also stopped filing for unemployment but won't tell me why on earth she stopped!!

Her mortgage was $210 a month; she won't be able to get an apartment for anywhere near that and I can't afford to pay for her rent. I don't think she'd do an apartment because she has too much stuff. But it would be so nice to have someone taking on responsibility of repairs and upkeep.

What is a deed in lieu of foreclosure?
 
Don't feel bad for me; my grandfather told me this day would come.
« Last Edit: May 31, 2014, 08:47:17 AM by EconDiva »

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #3 on: May 31, 2014, 08:49:02 AM »
Update: she said she can't talk about anything having to do with the house until after the funeral.

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #4 on: May 31, 2014, 09:02:43 AM »

On a different note, it sounds to me like she may have more than depression going on.  Have you thought about taking her to the doctor to be evaluated? Also, medication might help, if she isn't already on it.  Is she working?  If not, I am not sure of the criteria for getting  disability, but if she has chronic depression she may qualify for benefits.

I really feel for you.  I am so sorry that you are.having to go through this.

She refuses to go to the doctor for anything. Not even for her stroke level blood pressure levels. She doesn't believe in taking any medication. Any at all. She believes in prayer over medicine.

frugaliknowit

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Re: I need help making a foreclosure decision fast
« Reply #5 on: May 31, 2014, 10:54:46 AM »
I don't mean to sound heartless, but based on everything you've said so far, I would not lend any financial support because you will end up going down with your mom.

I would first try to convince her to agree for the two of you meet with an attorney about the pending foreclosure.  Maybe she will disclose the information to him/her.  It does not sound like she is capable of living independently in a house, even if she had the assets (bank account) to keep it up.  Are your pockets deep enough to help her maintain the house (furnaces, windows, roof, painting every ten years, landscaping,....taxes!).  Even with no mortgage, one person living in a home requires considerable resources.

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #6 on: May 31, 2014, 11:24:46 AM »
I don't mean to sound heartless, but based on everything you've said so far, I would not lend any financial support because you will end up going down with your mom.

I would first try to convince her to agree for the two of you meet with an attorney about the pending foreclosure.  Maybe she will disclose the information to him/her.  It does not sound like she is capable of living independently in a house, even if she had the assets (bank account) to keep it up.  Are your pockets deep enough to help her maintain the house (furnaces, windows, roof, painting every ten years, landscaping,....taxes!).  Even with no mortgage, one person living in a home requires considerable resources.

No, I don't have the money to pay for anything. Actually, I do, but that would mean no savings money or retirement money for me. She is highly unlikely to agree to talk to a lawyer with me but I will ask. That's why I'm unsure of the best option at this point. But I don't have much time to figure this out.

I understand where you're coming from. Besides the costs of traveling here for the first funeral and now for a second, I paid for her meals while out and her phone bill which was three months behind and about to get cut off. I paid for her grass to get cut today and she needs electric and water bill money.

I stopped at Starbucks yesterday to use a gift card to get an oatmeal. She was trying to put money in their tip jar and I lost it a little bit...I'm like "I just paid 3 months on your phone bill and you have money to put in a tip jar??"

My concern is, what is the best course of action to delay my needing to support for her for as long as possible...


Another Reader

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Re: I need help making a foreclosure decision fast
« Reply #7 on: May 31, 2014, 11:41:05 AM »
I wonder if your grandfather was supporting her in some way....  Too bad he did not leave the money to you or in a trust with you as the trustee.  You could accomplish a lot more if you held the purse strings.  It sounds like she thinks she can depend on you now.  It might be the time for the "toughlove" I cannot support you talk.

iris lily

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Re: I need help making a foreclosure decision fast
« Reply #8 on: May 31, 2014, 12:00:07 PM »
You mother needs to live in a very simple apartment where all utilities are included. She can't handle a house. Get her into a situation where she pays 1 bill.
She doesn't need a phone other than a $99/annual Tracphone.

Firmly refuse to take any money from her because you will then be the place to go when she needs it. 

Let the house go and whatever consequences come of that, so be it. Preserve the $25,000 however you can get her to do that.

But sweetie, she's not going to do any of this. And this is one of those times where you have to practice detachment. She's going to do what she is going to do.
Where is your brother in this saga? What are his thoughts?
« Last Edit: May 31, 2014, 12:04:00 PM by iris lily »

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #9 on: May 31, 2014, 12:00:45 PM »
I wonder if your grandfather was supporting her in some way....  Too bad he did not leave the money to you or in a trust with you as the trustee.  You could accomplish a lot more if you held the purse strings.  It sounds like she thinks she can depend on you now.  It might be the time for the "toughlove" I cannot support you talk.

She hasn't asked me to do any of these things. She feels too bad too. That's why she's in foreclosure now. If you don't step in do it for her it will become a more costly situation. I wish I had had the talk with him about leaving me in control, but it's a done deal now...

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #10 on: May 31, 2014, 12:07:47 PM »
You mother needs to live in a very simple apartment where all utilities are included. She can't handle a house. Get her into a situation where she pays 1 bill.
She doesn't need a phone other than a $99/annual Tracphone.

Let the house go and whatever consequences come of that, so be it. Preserve the $25,000 however you can get her to do that.

What exactly is her current source of income?

She has a house full of 'stuff' she refuses to let go of. Where do I put it?  That would be another cost. Who pays the rent? She's not working.  Her phone is a prepaid tracfone for emergencies only. I had paid her home phone bill, which is like $35 monthly (no caller id, call waiting, etc.).

I think she is actually completely out of money right now. My grandfather gave her $2,500 to get her house payment caught up last October. She just told me YESTERDAY that the money was sent too late and was returned to her way back then. So that's what she's been living off of for the last 7 months. That's why all the bills are behind and the house is foreclosing.


Another Reader

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Re: I need help making a foreclosure decision fast
« Reply #11 on: May 31, 2014, 12:20:49 PM »
I don't know the laws in South Carolina, but the 30 day notice would concern me. It's possible the foreclosure has already occurred.  Does her county have public records on-line?  I would search the recorder's records for a trustee's deed and research how the foreclosure process works in South Carolina.  Do you know who the lender is? 

What is your plan if she loses the house?  Have you discussed this with your brother?

Another Reader

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Re: I need help making a foreclosure decision fast
« Reply #12 on: May 31, 2014, 12:26:14 PM »
http://www.realtytrac.com/real-estate-guides/foreclosure-laws/south-carolina-foreclosure-laws/

Here's a summary.  If you want to do anything to help her, you are going to have to get all the paperwork from her. 

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #13 on: May 31, 2014, 04:20:16 PM »
I don't know the laws in South Carolina, but the 30 day notice would concern me. It's possible the foreclosure has already occurred.  Does her county have public records on-line?  I would search the recorder's records for a trustee's deed and research how the foreclosure process works in South Carolina.  Do you know who the lender is? 

What is your plan if she loses the house?  Have you discussed this with your brother?

I honestly don't know yet what I'd do if she loses the house...I told my brother but he is very non communicative. I haven't even been able to get him to call my mom or uncle to express condolences for the passing of our cousin and grandfather.

Roland of Gilead

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Re: I need help making a foreclosure decision fast
« Reply #14 on: May 31, 2014, 04:46:57 PM »
You mother needs to live in a very simple apartment where all utilities are included. She can't handle a house. Get her into a situation where she pays 1 bill.
She doesn't need a phone other than a $99/annual Tracphone.

Let the house go and whatever consequences come of that, so be it. Preserve the $25,000 however you can get her to do that.

What exactly is her current source of income?

She has a house full of 'stuff' she refuses to let go of. Where do I put it?  That would be another cost. Who pays the rent? She's not working.  Her phone is a prepaid tracfone for emergencies only. I had paid her home phone bill, which is like $35 monthly (no caller id, call waiting, etc.).

I think she is actually completely out of money right now. My grandfather gave her $2,500 to get her house payment caught up last October. She just told me YESTERDAY that the money was sent too late and was returned to her way back then. So that's what she's been living off of for the last 7 months. That's why all the bills are behind and the house is foreclosing.

Don't worry about the house full of stuff (except anything of value like silver, coins, jewelry, antiques).  The old magazines and beanie babies will get taken care of by the bank during the foreclosure.

Argyle

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Re: I need help making a foreclosure decision fast
« Reply #15 on: May 31, 2014, 04:51:42 PM »
If they foreclose on the house I imagine they will take all her stuff and get rid of it. 

She clearly has mental illness issues and is not going to be very cooperative.

It sounds to me as if you'll have to figure out what you can afford, and offer to do that or nothing, and let her decide.  You may have to detach from her bad decisions.

She may well not know how much is owed on the house.  If she will give you the name of the company that holds the mortgage, you can find out.  If she won't give you the name, she may well be foreclosed on and evicted.  Her denial is so strong that you may just have to let this happen.

A trailer sounds like a terrible idea, but if you can't swing an apartment for her, it may be that or homelessness.

If you can get access to any social workers, even through friends of friends, they will probably know what kind of social support is available for mentally ill people.  Ideally there will be disability pay, though that's incredibly hard to get.  But it does not sound to me as if she's in a state where she can hold down a job.

I'm so sorry you're going through this.

Another Reader

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Re: I need help making a foreclosure decision fast
« Reply #16 on: May 31, 2014, 05:14:27 PM »
It sounds like you have two problems, your mom, and a brother that does not want to get involved.  My guess is you have backed off from forcing issues with mom in the past, and her expectation is you will do the same this time.  You are paying her landline bill and she needs money for the utility bills.  You are already being sucked in to supporting her.

Since this stinking mess is yours to deal with, I would probably start tracking down the mortgage today.  If the recorded documents and the court records for her county are on line, I would look for the lawsuit against her by the lender.  I would also see if there are any recorded documents in the last couple of years in her name.  In your shoes, I would tell mom very nicely but firmly you need to see the paperwork on the house now so the problem can be fixed. If you can convince her to allow it, I would go to the house, and help her sort through the papers in a pleasant, matter of fact way.  I personally would not take no for an answer, but your situation may be different. 

If you are in luck, your mom will have the documents.  Between the letters and other lender paperwork your mom has and what you find in the records, you should have a good idea of how far along the foreclosure is.  On Monday, you and she together can call the lender and get the current status and the cost of either paying off the house or bringing the loan current.  They will not talk to you without her.

You may get resistance.  It's helpful to decide exactly what help you are willing to provide her before you start trying to work with her.  If you have a spouse or SO, decide together what level of help you will give.  If she refuses to allow you to do anything or give you anything, then I would make it very clear to her that if she does not work with you to clean up this mess, then you will only be able to do "x" in the future to help her.  For example, you could decide that under no circumstances can she move in with you, you won't pay her bills, but you will help her clean out the house and move into an apartment if she loses the house.  I would tell her that and let her think about it.  Then I would call the brother and tell him the same thing.  Then stick to it.

The $25k is a real problem.  It prevents her from receiving any public assistance and you cannot control how it's spent.  Once it's gone, your phone is going to ring.  Detachment is going to be difficult when that happens.  The time to handle this is now, not then.

deborah

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Re: I need help making a foreclosure decision fast
« Reply #17 on: May 31, 2014, 06:01:25 PM »
The $25k is a real problem.  It prevents her from receiving any public assistance and you cannot control how it's spent.
She hasn't got it yet has she? I thought these things took a while (sometimes forever) to clear probate (it took a year for me to get money from my grandmother's will, but that was a while ago, and in a different jurisdiction). Find out how this is dealt with as far as assistance is concerned, and how soon the executor of your grandfather's will is likely to get it to her (depending upon how things are going, it might be good or bad for it to be delayed).

It all sounds like a really bad situation. Good luck.

Another Reader

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Re: I need help making a foreclosure decision fast
« Reply #18 on: May 31, 2014, 06:13:27 PM »
Yep, it looks like estates with a net value of $10,000 or more must go through probate in South Carolina unless there was a revocable living trust.  It's unlikely she could get the money before the foreclosure goes through.  Plus she has to eat and keep the utilities on.  Another reason to get on top of this ASAP.

former player

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Re: I need help making a foreclosure decision fast
« Reply #19 on: May 31, 2014, 06:24:24 PM »
I am sorry for your loss of your cousin and grandfather.

The fairly brutal summary of your mother's position is this: her house is in foreclosure and has been since last October.  It needs major work to all the services (no running water) and is full of stuff.  There are unpaid bills.  Your mother is unemployed, has no income and is not capable of getting either the house or her financial affairs in order, and may not be capable of getting a job.  Whatever you do in the short time you are in South Carolina for your cousin's and grandfather's funerals will not be enough to solve these problems, even temporarily.  Even if you do solve some of the problems temporarily, it sounds as though they will inevitably revert back to the current status sooner or later.  You have just paid for three months of the telephone bill and for grass cutting but that doesn't stop the telephone bill from being unpaid next month or the grass from not being cut for weeks.

I think you need to try to find someone who is on the spot in South Carolina to try to help your mother.  What about family who are local: her siblings and their adult children?  You say your mother believes in the power of prayer: what about getting support for her from her church organisation?  Are there any other local charities which could supply support and assistance?  Social services?  Charities which help with foreclosures?  The aim of getting support for your mother locally would be to try to support her into a position from which she can help herself or, failing that, into a situation in which her basic needs (housing, medical care and a basic income) are provided to her without her having to deal with them.

Given the geographical distance between you, I don't see how you can possibly be the person who oversees your mother's life, house and finances to the extent she requires.  If you try, you will probably end in failure and will hurt yourself as well as not helping your mother.  Whatever your (very understandable) feelings, you are not in fact responsible for your mother's finances.   A mistake carers often make is to neglect their own needs to care for others, and this is particularly true of daughters caring for mothers: there are many very sad cases of women whose lives and earnings have been limited by the time and effort they have put into caring for their parents and who find when their parents are gone that they have no job/career, no money, no pension and no life of their own.  Please don't become one of those women.



Bearded Man

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Re: I need help making a foreclosure decision fast
« Reply #20 on: May 31, 2014, 06:34:09 PM »
You mother needs to live in a very simple apartment where all utilities are included. She can't handle a house. Get her into a situation where she pays 1 bill.
She doesn't need a phone other than a $99/annual Tracphone.

Firmly refuse to take any money from her because you will then be the place to go when she needs it. 

Let the house go and whatever consequences come of that, so be it. Preserve the $25,000 however you can get her to do that.

But sweetie, she's not going to do any of this. And this is one of those times where you have to practice detachment. She's going to do what she is going to do.
Where is your brother in this saga? What are his thoughts?

This.

Argyle

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Re: I need help making a foreclosure decision fast
« Reply #21 on: May 31, 2014, 07:04:06 PM »
A geriatric care manager may have some experience with these issues as well.  Your mother doesn't sound as if she's elderly, but she has many of the same problems as an elderly person, and you have a similar problem in that you're trying to get her taken care of and you live at a distance.  The Eldercare Locator is at http://www.eldercare.gov/Eldercare.NET/Public/Index.aspx.

BFGirl

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Re: I need help making a foreclosure decision fast
« Reply #22 on: May 31, 2014, 07:39:55 PM »
A deed in lieu of foreclosure is a deed you sign to the mortgage company giving them the house instead of them foreclosing. 

I'm not an expert, but I think your mother has other mental issues. You may want to talk to an attorney about guardianship.  Additionally, here in Texas we have an agency called Adult Protective Services and you may have something similar in NC.  I would call in a report to them about your mother's self-neglect.  They may be able to help.  I hope SC is better than Texas, but there aren't a lot of safety nets for people like her in my state.

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #23 on: May 31, 2014, 10:16:05 PM »
The $25k is a real problem.  It prevents her from receiving any public assistance and you cannot control how it's spent.
She hasn't got it yet has she? I thought these things took a while (sometimes forever) to clear probate (it took a year for me to get money from my grandmother's will, but that was a while ago, and in a different jurisdiction). Find out how this is dealt with as far as assistance is concerned, and how soon the executor of your grandfather's will is likely tso get it to her (depending upon how things are going, it might be good or bad for it to be delayed).

It all sounds like a really bad situation. Good luck.

No, she hasn't gotten the money yet.

The executor of the will is my aunt (my mom's sister). They are not getting along right now; they actually got into a fight at the funeral home the other day...

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #24 on: June 02, 2014, 10:55:42 AM »
So sorry you're going through this.

I've had a couple of hospital admissions where I've shared wards with elderly women whose children (age 40+) finally realise the current living arrangements can no longer continue. The hospital always seems to have a social worker on hand to discuss these kinds of issues. Is there any chance of finding a social worker while visiting for the funeral who can help you work out options for your mother?

Be kind to yourself in all of this. This level of stress takes it toll. Keep the rest of your life as simple as possible while dealing with the grief over the loss of the family member and dealing with your mother's situation.

Thank you for the condolences. I left SC last night and am no longer with my mom. I will return layer this week.

I am not sure where to go to request the help of a social worker..?

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #25 on: June 02, 2014, 10:57:36 AM »
I tried to search records online and checked with the clerk of court online. What exactly should I be looking for? Records that show the deed is still in her name? So far the few records I found online all have her name on them which is a good thing right?

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #26 on: June 02, 2014, 11:06:34 AM »
You mother needs to live in a very simple apartment where all utilities are included. She can't handle a house. Get her into a situation where she pays 1 bill.
She doesn't need a phone other than a $99/annual Tracphone.

Firmly refuse to take any money from her because you will then be the place to go when she needs it. 

Let the house go and whatever consequences come of that, so be it. Preserve the $25,000 however you can get her to do that.

But sweetie, she's not going to do any of this. And this is one of those times where you have to practice detachment. She's going to do what she is going to do.
Where is your brother in this saga? What are his thoughts?

She just 'might not' do anything I suggest. How do I detach myself? It hurts me to see her in so much pain and under so much stress right now. But my entire ER fund is gone now after this past week and I'm not going to be in a position to help much any time soon.

Is it just best I step away and let what's going to happen happen? Maybe I should give up and understand I don't have enough control here to be of any real help besides emotionally when needed?  I just want to do what would make my grandfather happy.

Eta: My brother does care and sent her thousands of dollars last year. But he exited the Navy last year. He lives in Japan and goes to school full time. Unfortunately he only texts us; he never calls. Maybe he's grieving right now...I don't know...but he's had two weeks to express condolences to my uncle and hasn't even text him yet.
« Last Edit: June 02, 2014, 11:10:02 AM by EconDiva »

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #27 on: June 02, 2014, 11:24:03 AM »
I am sorry for your loss of your cousin and grandfather.

The fairly brutal summary of your mother's position is this: her house is in foreclosure and has been since last October.  It needs major work to all the services (no running water) and is full of stuff.  There are unpaid bills.  Your mother is unemployed, has no income and is not capable of getting either the house or her financial affairs in order, and may not be capable of getting a job.  Whatever you do in the short time you are in South Carolina for your cousin's and grandfather's funerals will not be enough to solve these problems, even temporarily.  Even if you do solve some of the problems temporarily, it sounds as though they will inevitably revert back to the current status sooner or later.  You have just paid for three months of the telephone bill and for grass cutting but that doesn't stop the telephone bill from being unpaid next month or the grass from not being cut for weeks.

I think you need to try to find someone who is on the spot in South Carolina to try to help your mother.  What about family who are local: her siblings and their adult children?  You say your mother believes in the power of prayer: what about getting support for her from her church organisation?  Are there any other local charities which could supply support and assistance?  Social services?  Charities which help with foreclosures?  The aim of getting support for your mother locally would be to try to support her into a position from which she can help herself or, failing that, into a situation in which her basic needs (housing, medical care and a basic income) are provided to her without her having to deal with them.

Given the geographical distance between you, I don't see how you can possibly be the person who oversees your mother's life, house and finances to the extent she requires.  If you try, you will probably end in failure and will hurt yourself as well as not helping your mother.  Whatever your (very understandable) feelings, you are not in fact responsible for your mother's finances.   A mistake carers often make is to neglect their own needs to care for others, and this is particularly true of daughters caring for mothers: there are many very sad cases of women whose lives and earnings have been limited by the time and effort they have put into caring for their parents and who find when their parents are gone that they have no job/career, no money, no pension and no life of their own.  Please don't become one of those women.

Your post really stood out to me. Especially the last paragraph. I've been downgrading my life lately mainly because of my mom.  My thought process has been going like this "If I move from my 500 sq ft studio to this 350 sq ft studio, I can save more money that could go to helping her." "If I don't go on a vacation this year, that money could get her caught up on some bills." "Getting my hair done isn't a need. What's a need is my mom having her phone on."

When I talked to a friend of mine the other day about my mom, he asked out of the blue something to the effect of 'are you still living your life'? He wanted to know why I dropped all my hobbies he'd known me to do in the past, why I'm living so bare, not dating, not going out anymore, not traveling, etc etc etc. he thinks I'm in denial that the situation with my mom is starting to take a toll on me.

I am going to do as you mentioned and start looking into help via her church. I think that's the only place she'd be open to talking to right now...

Another Reader

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Re: I need help making a foreclosure decision fast
« Reply #28 on: June 02, 2014, 11:35:32 AM »
You should look for court cases in Superior Court or whatever the equivalent is in South Carolina where your mother's name as it appears on the title and/or loan appears.  South Carolina is a judicial foreclosure state.  That means the lender has to sue your mother to foreclose.  The records you search for the lawsuit and judgement are the court records.

The recorded documents reflect the ownership (title) of the house.  What you look for are any records with her name on them in the last couple of years.  From what I read, the person that officiates the sale will record a deed transferring title to the buyer.   I don't know if your mother's name even appears on the deed.  Even if it does, she would probably not be the grantor, the sale official would likely be the grantor.  If you can search the records by parcel number, that's easiest, but not many recorders reference by parcel number.

Is it fair to assume your mother did not give you any information?

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #29 on: June 02, 2014, 11:41:41 AM »
You should look for court cases in Superior Court or whatever the equivalent is in South Carolina where your mother's name as it appears on the title and/or loan appears.  South Carolina is a judicial foreclosure state.  That means the lender has to sue your mother to foreclose.  The records you search for the lawsuit and judgement are the court records.

The recorded documents reflect the ownership (title) of the house.  What you look for are any records with her name on them in the last couple of years.  From what I read, the person that officiates the sale will record a deed transferring title to the buyer.   I don't know if your mother's name even appears on the deed.  Even if it does, she would probably not be the grantor, the sale official would likely be the grantor.  If you can search the records by parcel number, that's easiest, but not many recorders reference by parcel number.

Is it fair to assume your mother did not give you any information?

You're correct; she didn't give me any info. She said she won't discuss anything about the house now until after the funeral. When I pressed her and tried to explain that it was an emergency, she snapped at me saying "Are YOU going to pay for any of this??!!"  So maybe she'll talk to me about it after the funeral. In the meantime any info will have to be found on my own even though she may very we'll have all of the info I need in her own possession.

EconDiva

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Re: I need help making a foreclosure decision fast
« Reply #30 on: June 02, 2014, 11:51:12 AM »
You should look for court cases in Superior Court or whatever the equivalent is in South Carolina where your mother's name as it appears on the title and/or loan appears.  South Carolina is a judicial foreclosure state.  That means the lender has to sue your mother to foreclose.  The records you search for the lawsuit and judgement are the court records.

The recorded documents reflect the ownership (title) of the house.  What you look for are any records with her name on them in the last couple of years.  From what I read, the person that officiates the sale will record a deed transferring title to the buyer.   I don't know if your mother's name even appears on the deed.  Even if it does, she would probably not be the grantor, the sale official would likely be the grantor.  If you can search the records by parcel number, that's easiest, but not many recorders reference by parcel number.

Is it fair to assume your mother did not give you any information?

I searched as you suggested. Found records on her but none were for her property (they were traffic related and credit card related, nothing else).  Maybe she has a little more time than I thought? How could foreclosure proceedings have started last year and yet I can't find any records online about it?

Another Reader

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Re: I need help making a foreclosure decision fast
« Reply #31 on: June 02, 2014, 12:06:15 PM »
Small suits are often handled in small claims court and traffic citations are usually handled in municipal or similar courts.  You need to make sure your search includes the courts where the suit would be filed.  I also would not conclude a basic search rules anything out.  These searches help you find things, but may not turn up everything.  For example, is it possible the note is in your grandfather's name?

You really need your mother's cooperation to accomplish anything at this point.  You can't help someone that won't cooperate with you to allow you to help.  I totally agree with former player, do what you can to help, but don't destroy your life to help her.  Getting the church involved is an excellent idea.

arebelspy

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Re: I need help making a foreclosure decision fast
« Reply #32 on: June 06, 2014, 11:30:57 PM »
Ugh, sorry you're going through this, both the loss of your family members and the financial stress with your mother.

When is the funeral supposed to be after which she says she will talk to you about the house?

It's definitely hard to figure out what to do without knowing the details - if she has equity, for example, selling the house before foreclosure would obviously be a lot better than letting it go to foreclosure.
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