What can I do to keep the house if my mom had her children and her husband and 6 year old grandson on the warranty deed?

UPDATED: Sep 20, 2012

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What can I do to keep the house if my mom had her children and her husband and 6 year old grandson on the warranty deed?

She and my brother were on the refinance mortgage but my mother passed away and my brother claimed bankruptsy. On the deed of trust my 8 year old nephew and my dad unknowingly signed on the lines that said “seal borrower”. So when my mom passed and my brother filed bankruptsy they could not foreclose on the house when they tried a year later. So they sold the loan to another company. My dad wasn’t a borrower and my nephew is a minor and he wasn’t a borrower. My sister and I are also on the warrenty deed and deed of trust as non obligors. We are down as the owners, so does this mistake make the deed of trust void?

Asked on September 20, 2012 under Real Estate Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I suggest that you immediately consult with a real estate attorney with respect to the confusing situation that you are writing about and ways to best resolve. You will need to get a preliminary report as to the property you are writing about to see when the mortgage that you are writing about was recorded with respect to record ownership of the people on title to the parcel.

If those who did not sign the trust deed (mortgage) that is recorded received title to the property before such was recorded, their ownership rights cannot be foreclosed upon in the property since such were senior to any subsequently recorded mortgage.

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