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Attorneys please help

Booboobear's picture

hello, foreclosure help needed.  I am a real estate broker, but need secondary legal help. my deceased dad had sold his (home built) home owner finance against my advisement. well they didn't pay and he began the foreclosure process. and then he died by a blunt force trauma head wound. (his wife said he fell off the roof at age 75)  annnnywayyyyyy, 

his attorney made foreclosure documents to sell at the courthouse steps on march 10 at 11 AM.  I TOLD attorney that the three daughters wanted to be the highest bidders at the sale and we were not selling to anyone, we just wanted the house back.

the delinquent home owners QUIT CLAIM Deeded the home to the neighbor.  

I told my neighbor not to create any new documents for this new neighbor, that they were not on the original deed of trust or escrow at the bank. dads contract was with the delinquent homeowners.   (they have not paid for over two years, mortgage, taxes or insurance). 

our/dads lawyer said that the game is changed now that they signed a quit claim deed, and she is going to prepare new documents that stop the foreclosure after the neighbor pays the CURE, and neighbor is going on the escrow as the owner to make payments on the original loan that was based on 2013 home prices and get my dads home for the balance on what is owed for the loan of the first owner.  she says that is because there was not a due on sale clause.  well I can understand having to sell to the neighbor against the daughters- (my sister is the PR,)wishes, but i don't understand why our attorney is drafting documents for the neighbor to take away dads house before we foreclose on the the delinquent homeowners. it seems like a conflict of interest.  and i asked her for any documents or emails from or to the neighbors and keep me informed on any payments that they make, but she is ignoring me.   It seems like then neighbor should have their own attorney.  

it is too late to get a new attorney, i tried to contact one, i called the bar association, i called the law help line. they cant help.  I think the attorney is power hungry.   at the begining we had to sign a trustor letter for her to foreclose  on our behalf, but are worried that she is protecting the other side.  

so my questin is this- is it legal for our attorney to draft documents for the neigbor to buy the home that my deceased dad is the benificiary and now the daughters are the benificiaries with out our permission using the quit claim deed before the foreclosure sale in march 10?      the home is in alaska.


Thumper's picture

I remember your story booboo bear. Your poor story broke my heart.

Did you call the clerks office? And ask them what papers you can fill out to stop this OR can you just show up and contest/object?

I don't believe it is too late. Shocking a lawyer in your jurisdiction would not answer your questions.



Booboobear's picture

HI! yes the clerks office said to call the bar association. the bar association said they cant help me and to get another attorney.  I still have the first attorney, she is the one doing the things that I do not want her to do.  it is like she is working for the party we are foreclosing on.  that is a good idea to show up, but im in wa state and sale is in alaska. im searching for tickets 

susanm's picture

There is a lot to your issue and it will probably take some work to sort through everything.  Have you been calling attorneys and asking them to answer your question or have you been looking for someone to actually hire?   I am sure that you can find someone who can help you but only after they have been retained.

Booboobear's picture

Thank you so much for taking time to read my post- i was panicing .  we have the retainer on the first attorney, but i think she is doing a conflict of interest.  i have contacted the attorney who drew up dads will, and they said they will contact me today to answer my question if it is ethical or not what the first attorney is doing.  I'm afraid there is not any time to switch attorneys, before march 10 sale.  I'm also afraid first attorney will be mad and sabotage more than she is already sabotaging. 

ndc's picture

I'm not a lawyer, but my mom is, and here's how I understand it. The Delinquents owned the property outright subject to a mortgage in favor of your dad. If there's no due on sale clause in the mortgage, they're free to sell or transfer it, subject to the mortgage (meaning the new owners have to pay the mortgage). If the new owners cure the default by paying what is owed, then there's no longer a default and no right to foreclose.  So your original attorney may be right.

Your attorney should still be acting at the direction of the executor of your dad's estate.  Has the attorney taken the time to explain to you (so you understand) what she's doing? It sounds to me like she's drafting the paperwork for the new owners to sign, assuming the mortgage, on behalf of your dad's estate, not representing the new owners.  The property belongs to them, not your dad or his estate. Your dad/estate only has the right to receive the mortgage payments; without a due on sale clause there is no right to prevent the Delinquents from selling/transferring the property subject to the mortgage.

Booboobear's picture

ndc, you are exactly right- that is exactly what she is doing. thank you so much for your answer- it seems that she is drafting on behalf of dads estate.  and this neigbor is a piece of work in the courts already.  a troublemaker. We are going to have trouble with this new owner too.  I wish we could just get the house back.

BethAnne's picture

Why do you want the house? What do you and yoru sisters want to do with it? - If you can work out what it is that you all want then you might be able to find a way to do it another way. 

Booboobear's picture

we watched our dad build it while we were growing up.  It is assesed at $350,000. and the note owed is $175,000. it has alot of equity since 2013 sale date.  what I want is for the neigbor not to do an underhanded quit claim sale from the delinquent owner. 

Harry's picture

And if his wife did it ?  Was it done after his death ?   Who name was the house in. ?  His only, joint with his wife or only in wife's name.   If joint name and after his death this goes to his estate and must go to probation court.  
If house goes to court house steps. Sister or sisters must be there to bid on it .

Booboobear's picture

you dont understand.  my DAD sold it owner finance to PERSON A with a warentee deed, and a deed of trust and a bank escrow.   PERSON A didnt pay dad, taxes or insurance for over 2 years, the daughters hired a forclosure attorney.  then PERSON A quit claims deed to PERSON B.  Attorney wants to draft new documents erasing PERSON A and changing it to PERSON B on the mortgage and escrow.     

deceased Dad's wife is irrelevent, he built it decades before he met her, her name was never on it, she signed a prenup so no rights to it.  she is not apart of the probate. us daughters have opend probate.  we dont have to go to probate court, my sister is PR and has all rights and unrestricted permission to do the probate as she sees fit.  (but I have to do all the work and prepare documents and she has the final signature.)