Yanml, but does anyone here need one?
November 5, 2021 12:20 PM Subscribe
My partner's family is being served papers with regards to a long-since foreclosed on (they thought) house.
Back in 2008, my partner's parents took out a mortgage on their house. Shortly thereafter, they divorced, and at some point around 2010 the house was foreclosed on and was subsequently heavily damaged in a fire while vacant. It has been vacant ever since.
My partner's dad died in 2012 with basically no estate.
A few years ago and then again recently, my partner's mom was served papers saying Bank of America was suing to get ownership of the house and also that the state was owed back taxes.
You are not my lawyer, nor my partner's mom's lawyer. After a conversation with the law office, it seems like maybe the property was never actually foreclosed on because of a discrepancy between the deed and the mortgage.
Is it possible that my partner's mom is on the hook for 20 years of back property taxes? She has basically no savings, bad credit and lives on social security so I'm not sure if this would actually have any practical effect on her life, but it is still worrying.
Should she have a lawyer?
Is it possible this a scam?
What should she/we do (if anything) to figure this out?
Back in 2008, my partner's parents took out a mortgage on their house. Shortly thereafter, they divorced, and at some point around 2010 the house was foreclosed on and was subsequently heavily damaged in a fire while vacant. It has been vacant ever since.
My partner's dad died in 2012 with basically no estate.
A few years ago and then again recently, my partner's mom was served papers saying Bank of America was suing to get ownership of the house and also that the state was owed back taxes.
You are not my lawyer, nor my partner's mom's lawyer. After a conversation with the law office, it seems like maybe the property was never actually foreclosed on because of a discrepancy between the deed and the mortgage.
Is it possible that my partner's mom is on the hook for 20 years of back property taxes? She has basically no savings, bad credit and lives on social security so I'm not sure if this would actually have any practical effect on her life, but it is still worrying.
Should she have a lawyer?
Is it possible this a scam?
What should she/we do (if anything) to figure this out?
Any time you're served papers (where an actual person comes to your door and hands you an envelope, and [often] says "you've been served,") you probably need a lawyer. If you read the papers and you don't understand them, you definitely need a lawyer. If you read the papers and you think you understand them, you probably need a lawyer anyway, unless you are a lawyer yourself.
posted by spacewrench at 12:40 PM on November 5, 2021 [13 favorites]
posted by spacewrench at 12:40 PM on November 5, 2021 [13 favorites]
I'm assuming the law office that told her this was the one retained by BoA? I think she needs her own lawyer.
posted by sm1tten at 12:41 PM on November 5, 2021
posted by sm1tten at 12:41 PM on November 5, 2021
Also, keep in mind that a lawyer letter of "intent to sue" is not the same as being served, but sounds about the same.
As everyone said, get a lawyer to at least look it over.
posted by kschang at 1:34 PM on November 5, 2021
As everyone said, get a lawyer to at least look it over.
posted by kschang at 1:34 PM on November 5, 2021
You definitely need to have at least a initial
consultation with a lawyer if you’re being sued in anything but small claims and you should be aware that there will be deadlines for certain things to happen in the suit.
I would get your partners mom to a lawyer at least for an initial consult as soon as possible to avoid missing any deadlines. If there is a local bar society often they can recommend someone who will give you a free or inexpensive initial consultation.
posted by SpaceWarp13 at 2:25 PM on November 5, 2021
consultation with a lawyer if you’re being sued in anything but small claims and you should be aware that there will be deadlines for certain things to happen in the suit.
I would get your partners mom to a lawyer at least for an initial consult as soon as possible to avoid missing any deadlines. If there is a local bar society often they can recommend someone who will give you a free or inexpensive initial consultation.
posted by SpaceWarp13 at 2:25 PM on November 5, 2021
Yeah, you will need to talk to a lawyer, but they charge a lot per hour, so start making calls and research what you can. Look at the papers. Go to town hall and look at the deed for the house; in my town, the clerks are pretty helpful. Talk to the town clerk and see what the town has to say about ownership of the property; in my town, some he information is online. Tax office and the property records office are interconnected. Dig up the death certificate; it will probably be needed. Was there probate on what remained of any estate? Get a copy. Does Partner's Mom have any copies of any mortgage or other loans? Tax information? The papers may have a contact person at B of A. Call them and try to find out what you can do to help them accomplish their objective. They probably have a messy scenario and want to untangle it. Partner's Mom has no money to contribute and I don't think any unsecured debt collector has a prayer. The secured thing is a burned out property.
I got served once because my ex- wanted me to feel as bad as possible about a stupid thing. They had her served so they could document the process, and maybe because they really need to get stuff done. B of A probably wants to get rid of any liability on a property with limited value and get rid of the property. If ownership is unclear, I would want some clarity. I'm not a lawyer, and when banks and lawyers are involved, I am very nervous, but you have no stake in this and may not need to spend a lot of money on somebody's billable hours.
And to reiterate, you will likely want to talk to a lawyer once you at least read the papers and check on the deed.
posted by theora55 at 3:14 PM on November 5, 2021 [1 favorite]
I got served once because my ex- wanted me to feel as bad as possible about a stupid thing. They had her served so they could document the process, and maybe because they really need to get stuff done. B of A probably wants to get rid of any liability on a property with limited value and get rid of the property. If ownership is unclear, I would want some clarity. I'm not a lawyer, and when banks and lawyers are involved, I am very nervous, but you have no stake in this and may not need to spend a lot of money on somebody's billable hours.
And to reiterate, you will likely want to talk to a lawyer once you at least read the papers and check on the deed.
posted by theora55 at 3:14 PM on November 5, 2021 [1 favorite]
I don't know where your partner's mom lives, but a local law school may be able to point her in the direction of a pro-bono attorney. If there's a local law society, or there's a law society in a nearby city, they may be able to find a pro-bono attorney for her, or offer assistance with law students supervised by a licensed attorney (common with third-year law students to get real-life experience). A senior citizen organization is also a good place for guidance on finding a lawyer. Real estate law can be complicated, and it sounds like this case might be tangled because of the deed discrepancy, but if she does a reach out she could have good luck finding a good attorney for little or no cost. It's also location-specific, so she will need a lawyer licensed in her state.
I live in a big city, and the issue of "tangled titles" is a big one, and the city is working with many law schools and attorney organizations to provide low cost or free help to untangle them. The issue of potential property tax liability is another issue an attorney will be able to help with.
Your partner and their mom are both anxious about this, I'm sure, and a qualified real estate attorney will at least sort the issues and provide guidance on how she should proceed. Good luck.
posted by citygirl at 5:27 PM on November 5, 2021
I live in a big city, and the issue of "tangled titles" is a big one, and the city is working with many law schools and attorney organizations to provide low cost or free help to untangle them. The issue of potential property tax liability is another issue an attorney will be able to help with.
Your partner and their mom are both anxious about this, I'm sure, and a qualified real estate attorney will at least sort the issues and provide guidance on how she should proceed. Good luck.
posted by citygirl at 5:27 PM on November 5, 2021
I second the suggestion to seek out a legal aid clinic. They may be swamped, but based on your description of your MIL (few assets, bad credit, fixed income, she is exactly the kind of person they exist to help. Try searching for "legal aid clinic" and the name of your city/town/county, and you'll probably find several options.
IANAL, TINLA.
posted by brianogilvie at 10:46 AM on November 6, 2021
IANAL, TINLA.
posted by brianogilvie at 10:46 AM on November 6, 2021
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posted by pleasant_confusion at 12:35 PM on November 5, 2021 [1 favorite]