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Foreclosure in Old Bridge : Real Estate Advice

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Doreen, Home Buyer in Staten Island, NY
Sat Feb 11, 2012
Doreen answered:
Grace Morioka, Real Estate Pro in San Jose, CA
Sun Dec 20, 2009
Grace Morioka answered:
Hi Rick and thanks for your post.

So sorry to hear of your situation, but as the others have already noted, this time you will need the advice of a good attorney to obtain either power or attorney or conservatorship for your wife. Powers of attorney can (depending on the laws of your state) be executed orally and witnessed or videotaped, but other times, it will need to be in writing. In the future, if your wife recovers, talk with your attorney about creating a "springing power of attorney", which "springs" into action when a person is incapacitated.

In the meantime, as Mack noted, talk with the lender about negotiating a lower interest rate or loan modification. Let them know of your difficulty NOW, rather than later to give you and your attorney time to vest the decision making power for you and your wife to you, alone. Since you have equity in the home, you might also consider a reverse mortgage if you are old enough to qualify. A reverse mortgage will pay off the existing loan, get you a percentage of your equity in cash to live on, and help you retain your home while deleting mortgage payments. You will need to work with a qualified reverse loan mortgage specialist to exercise this option.

In the meantime, speak with your attorney about all possible means to quickly and efficiently get control over your financial matters in the absence of your wife's presence and ability to sign any legal documents.

Good luck!
Sincerely,
Grace Morioka
Area Pro Realty
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