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babylonsister

(171,079 posts)
Wed Dec 11, 2013, 05:58 PM Dec 2013

Bank might foreclose on home because late husband isn’t residing there

Bank might foreclose on home because late husband isn’t residing there

By Kevin G. Hall

McClatchy Washington BureauDecember 9, 2013



Laura Biggs in her Rialto, Calif., home on Nov. 25, 2013, is scheduled to lose her home nine days before Christmas because her mortgage company concluded that the house is no longer the primary residence of her husband, who's been dead since 2003. Technically, though, it still is George "Kenny" Mitchell's primary residence. He resides at the home in an urn. His cremated remains are part of an altar that Biggs, 65, keeps in memory of the trucking-company manager. ERIC REED — MCT


WASHINGTON — Billions of dollars in foreclosure settlements between big banks and government regulators haven’t helped Laura Biggs. The California woman is scheduled to lose her home nine days before Christmas because her mortgage company concluded that the house is no longer the primary residence of her husband, who’s been dead since 2003.

Technically, though, it still is George “Kenny” Mitchell’s primary residence. He resides at the home in Rialto, east of Los Angeles near San Bernardino, in an urn. His cremated remains are part of an altar that Biggs, 65, keeps in memory of the trucking-company manager. Many mementos from their marriage surround his smiling photo.

Biggs faces a Dec. 16 sale date, a holiday spoiler. It’s a property in which she’s built up more than $100,000 in equity and where she’s lived for 13 years, making payments on time. Her issue is back taxes, but more on that later.

“I’m getting ready to get tossed out. Whoever buys the property could toss me out,” she said.

The struggles of the career nurse who spent a lifetime helping others underscore this key point: Despite high-profile legal settlements in recent years that have resulted in large banks such as Bank of America, Citibank, Wells Fargo and JPMorgan Chase paying billions of dollars for past sins, the foreclosure process remains a mess.

more...

http://www.mcclatchydc.com/2013/12/09/210909/bank-might-foreclose-on-home-because.html

5 replies = new reply since forum marked as read
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Bank might foreclose on home because late husband isn’t residing there (Original Post) babylonsister Dec 2013 OP
This is flat out illegal. Xithras Dec 2013 #1
Message auto-removed Name removed Dec 2013 #2
+1 Scuba Dec 2013 #3
Here is what happened. dixiegrrrrl Dec 2013 #4
CA needs homestead protection. My family lost their place in the 1930s because of taxes, not debt. freshwest Dec 2013 #5

Xithras

(16,191 posts)
1. This is flat out illegal.
Wed Dec 11, 2013, 07:02 PM
Dec 2013

The Garn-St. Germain Depository Institutions Act of 1982 prohibits lenders from calling in mortgages after the death of one spouse, if there is a surviving spouse. This portion of the law was designed specifically to deal with situations like this one.

This mortgage servicer is blatantly violating federal law.

Response to babylonsister (Original post)

dixiegrrrrl

(60,010 posts)
4. Here is what happened.
Wed Dec 11, 2013, 08:24 PM
Dec 2013

The servicers are not bound by the settlement that banks made with Gov. over illegal mortgage practices.
That is why the banks sold off the servicing rights en masse over the past year.

A bunch of sub prime servicers bought the rights. Nations Star, Green Tree ( now my servicer) and this company mentioned in the article.
They try to milk the mortgage for anything they can get beyond the payments.
If you do not pay your own insurance, they will buy a policy for you at highly inflated prices, add it to the monthly payment, and same with taxes.
At some point a lot of folks can no longer make the increased payments.
Then the servicer says it will do a modification.

Once it starts the modification process, it will ask for fees.
Most modicfications are never completed because the servicer, having gotten as much money as it can from the home payer, can make one more chunk of money, by foreclosing.
Foreclosing pays the servicer well.

Poor woman made a huge mistake by not having her name on the loan.
Another mistake was letting the insurance and tax payments be controlled by the servicer.
3rd mistake was not getting a real estate attorney the minute a problem arose.

I hope she can find someone to guide her thru this financial land mined issue.

If not, I hope she and her husband took out a 2nd mortgage on the house in the past, refuses to pay any more money and turns the house back to the bank, which will be out the first and 2nd loans.
Seems we citizen consumers are the only ones trying to play by the rules anymore, going meekly to our financial doom brought on my scams and theft of the TBTF institutions.

[font style=color:#FF0000;]there is something terribly wrong with this country, isn't there?[/font]


freshwest

(53,661 posts)
5. CA needs homestead protection. My family lost their place in the 1930s because of taxes, not debt.
Wed Dec 11, 2013, 08:28 PM
Dec 2013

They owned it outright, but lost it due to property taxes they could not pay, as they were unemployed orphaned minors. Some of them quit school to work and get money, but was too late by then.

The typical hanger on crowd at the courthouse saw the notices, and ended up taking the land for taxes. Some years after that, progressive legislation forbade that practice of speculators who got large acreage for pennies on the dollar in value. They were the vultures of the day.

The OP states this woman is making payments on time. So something does not add up. Mortgages used to include escrow for the taxes, held by the bank until the taxes were due at the end of the year.The bank was responsible for paying taxes out of escrow.

IDK anything about the laws of CA but where I grew up, a home claimed as 'a resident homestead' could not be seized for taxes, only for a mortagage not being paid. In my home state, if taxes were not paid on a paid for property, the state simply put a lien on it. When the owner passed and the property sold, the taxes had to be paid, but no one was put out of their house for it. This has nothing to do with a bank or an unpaid mortgage.

Also, there were exemptions to keep property taxes lower, on the basis of age, disability or military service. The taxes were not that high to begin with. It became very hard, barring some other agreement, to put a person out of their home if they owed only taxes on it.

CA would be the recipient of this tax money, not the bank. So who is pushing for foreclosure, the state of CA or the bank?

I highly doubt she could have made payments on time and made the bank not pay taxes. If they did not pay her taxes, they are to blame, not her. I doubt they are using the language of the law to take the property because they just realized he is dead, and despite perhaps the attempt at humor in the OP about his urn being there, he's not paying taxes or mortgage payments, she is.

And she's either paying the payment or she is not. If anyone has a different experience, let me know, but I come from a family with a lot of real estate brokers and that was the way they explained how taxes are paid, so this is illogical. It also has nothing to do with big bank settlements, they don't apply in every case. I really hope that someone with legal expertise gets this overturned, as it does not make sense.





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