Foreclosure On Deceased Property

Summary

A plaintiff might pursue foreclosure on a deceased persons property if the mortgage isnt paid. The estate becomes responsible for the debt. If the property is in an irrevocable trust and free of liens, it should be protected. If a judges decision seems unfair, you can file a Motion for Reconsideration or appeal. Consult a real estate or probate attorney for personalized advice.

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Why would the plnff go after a deceased person for foreclosure
In New Mexico, a plaintiff might pursue foreclosure on a deceased person's property if the mortgage isn't paid. The estate becomes responsible for the debt. If there's no will or executor, the court may appoint an administrator to handle this. This is a complex issue and professional legal advice is recommended.
That's if the deceased was one with a mtg
Yes, Kare. If the deceased person had a mortgage that wasn't paid off, the lender can still enforce the loan through foreclosure against the property. It would be wise to consult with a real estate attorney or probate attorney in these situations.
This was a 11yr old child whos owned the house that's in Irrevocable trust, free and clear
In New Mexico, if a property in an irrevocable trust is free and clear of liens or mortgages, it's generally safe from foreclosure. If the trust was properly set up and managed, the property should be protected. Consult a probate or estate attorney for more specific advice.
The judge didn't care if property was in Irrevocable trust, he told me he gonna have me removed from my property because my mtg has been paid off for 15yrs now
In New Mexico, an irrevocable trust's assets are generally safe from creditors. However, there are exceptions:
- The trust wasn't properly formed
- Proven fraudulent transfer
- Certain debts (like federal tax liens)
If you're facing eviction, consider consulting with a real estate or trust attorney.
I will reach out lawyer.com on Monday. Trust was setup properly, plnff and buyer has lied to judge, is it lawful for judge to decide on he dont believe me
In New Mexico, the judge's decision is based on the evidence presented in court. If you believe the judge made a decision based on false information, you may:
- Consult a lawyer to review your case
- Appeal the decision, if you believe there was a legal error.
Remember, each case is unique and requires personalized legal advice.
That's what I thought,but he refused to look at my evidence,when the one with all the evidence. My case has never gone in front of the court. 2nd hearing he granted judgement, gave me mere mins to ask a question.
In New Mexico, if you believe your evidence wasn't properly considered, you can:
- File a Motion for Reconsideration, explaining why the court should reconsider its decision.
- Appeal the judgment, especially if you believe there was a legal error.
Remember to consult with a lawyer for personalized advice.
What can I do with judge getting hostile towards me for answer his question
In New Mexico, if you experience hostility from a judge, you might want to:
- Remain calm and respectful.
- Consult a lawyer about the situation.
- Consider filing a complaint against the judge with the Judicial Standards Commission.
It's important to seek professional advice.
I did stay calm,he asked me why haven't I accepted this yet, I answered cuz it's not the truth,and I don't have a mtg,it was paid off,then threatens me with the sheriff,
I understand your situation, Kare. In New Mexico, if a judge threatens you with sheriff's intervention, it might be due to an official order being in place. Did the judge issue a formal eviction order against you?
Now he did, I don't understand is if he doesn't believe me then why won't he look at the evidence, I had it in my hand for him to see,.
In New Mexico, if you believe your evidence wasn't properly considered, you could:
- File a Motion for Reconsideration.
- Appeal the decision if there was a legal error.
Consult an attorney to discuss these options.
Ok thank you
You're welcome, Kare! If you have any more questions or need further assistance, feel free to ask. Remember, it's important to consult with a lawyer to understand all your options in this situation.
Yes.i will
Great, Kare! If you need further legal information in the future, don't hesitate to reach out. Remember, consulting with a lawyer is crucial in your situation. Wishing you the best of luck.
Kare What is the purpose of laws,
The primary purpose of laws is to:
- Maintain social order
- Protect individual rights and liberties
- Define the parameters of acceptable behavior
- Provide a system for dispute resolution
- Enforce societal standards and norms