Foreclosure in Downtown>Question Details

jo-anna, Home Owner in Los Angeles, CA

what is his legal status?

Asked by jo-anna, Los Angeles, CA Sat Sep 29, 2012

An owner with a HECM recently died. Her son, a crackhead and multi-felon, is now living in the unit. No maintenance fees have been paid for 6 months. The son is not listed on the mortgage as a co-borrower; the deed; the tax assessor roll; condo’s mandated Owner Registration Form. No probate has been filed, so he is neither the Executor nor Personal Rep. Bank won’t foreclose before 6 months. We are about to re-key the building; giving keys to each owner of record at the Annual meeting. Property Manager says we must him a key even though he has provided us with no documentation whatsoever because he is a “resident”. What is his legal status, and what liability would we incur by giving him a key if he/associates harmed a resident? Why would he be exempt from the owner of record rules?

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Janey Bishop’s answer
A HECM requires a property to be maintained plus insurance and fees up to date. Since the owner has died notify the lender who has the resources and interest in getting this taken care of.
0 votes Thank Flag Link Sat Sep 29, 2012
mortgage sold/resold. Tracked down lender...notified certified mail 2 months ago. their policy is to not foreclose till 6 months after borrower death.
Flag Sat Sep 29, 2012
Address all business matters to the owner on file. Record a lien against the unit for non payment. And start foreclosing the unit. Probably by then or before, this individual could present some legal documentation for his stay in the unit. Get legal advise from a real estate attorney and an eviction attorney.

Good luck.
0 votes Thank Flag Link Sat Sep 29, 2012
At the minimum, he is a "Tenant" and thus has all rights of a Tenant until legally evicted.
0 votes Thank Flag Link Sat Sep 29, 2012
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