How long do you think I have here before eviction process begins? 5 Answers as of July 16, 2013

My dad died last Oct. '12 & he still owes $ 56,000 out of $59'000on his house with US Bank. There is no will and other family members don't care about this place either. The last payment was in Nov. '12. I have been living at this house, have the utilities in my name, just keeping the place from getting vandalized while I stay here. This area is (has been) going downhill, no jobs, homes getting broken into, burned, etc. for years, just like the ghost towns around here. Question is how long do you think I have here before eviction process begins? Maybe they might want to keep me here to keep the place from getting messed up? Cash for keys? I don' have power of attorney and not currently working to pay for one. Someone just recently put a urgent please call US Bank flyer on the front door. I called Us Bank and they want a death cert. with details on it and me and me to get power of attorney. Any advice would be appreciated. Thanks.

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you retain an attorney, you can probably stay in the house for a few years before they foreclose.
Answer Applies to: New York
Replied: 7/16/2013
Danville Law Group | Scott Jordan
I sorry for your loss. The only way to obtain power of attorney now is to file probate to transfer the house to your name. Other than that, the bank will not be able to discuss with you your options. As for foreclosure, you are probably correct in that the bank wants you to stay to maintain the property. When the value of the property goes up, it will foreclose, but that may be quite some time from now. So, stay put and live rent free for as long as you can.
Answer Applies to: California
Replied: 7/16/2013
Janke Legal Consulting | Bruce C. Janke
You don't provide all the necessary facts. Are you saying there is only $3,000 remaining due on the loan? What is the market value of the home? You need to check with a realtor on this. If the house is worth more than the loan balance, then you should try to sell it. Did your dad leave a will? Is your mom still alive? If your mom is deceased and there is no will, then the house goes in equal shares to you and your siblings, if any. If there is a will, then who does it leave the house to? In either case, if you want title to the property legally transferred to you so you could sell it, you would have to file a probate proceeding in court. This would probably require attorney fees and filing fees. If the property is worth less than the loan balance ("under water"), then don't file a probate and do not accept the inheritance, since that will make you the owner and liable on the mortgage. If you want to just walk away, negotiate a cash for keys deal, which saves the lender the cost of foreclosure. As to timing: Has the lender started the foreclosure process by recording a Notice of Default? The process requires a Notice of Default, then no less than 90 days later, a Notice of Trustee's Sale. Once the property is sold by the trustee at auction, the new owner would have to file an unlawful detainer action to evict you from the place. Then the sheriff would have to physically move your belongings out of the house. All of this could take several months depending on how crowded the court calendar is and how busy the Sheriff's Department is. U.S. Bank obviously is anxious to talk to you about working out some sort of deal. You should talk to a local realtor. He should be willing to give you some free advice, since he will be hoping to get the listing to sell the place.
Answer Applies to: California
Replied: 7/16/2013
Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
Cooperate with US Bank and get them the death certificate and maybe send copy your birth certificate to show you are related. The more you dialogue with them, the longer you will be able to stay. In California, it can take a minimum of 2 mos., and up to 6 months for the foreclosing lender to evict the occupants of a property they have "taken" through foreclosure, after they first give the occupants a 60 day (or 90 day, if the loan was federally insured) notice to vacate the property.
Answer Applies to: California
Replied: 7/15/2013
Mark S Cherry, Attorney at Law, PC
Mark S Cherry, Attorney at Law, PC | Mark Cherry
Before an eviction the bank must foreclose. To do that they must adhere to the Fair Foreclosure Act. You have mortgage modification and assumption options to avoid foreclosure.
Answer Applies to: New Jersey
Replied: 7/15/2013
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