First step, get on title

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: : Please help. This is very complicated. My Dad bought this house in January 2000. My husband and I lived with him and he passed away in June 2000. My husband and I continued to pay the mortgage until September 2001. We never notified the lender that my Dad had passed away because our credit is terrible and I was afraid they would not let us assume the mortgage. I was laid off from my job in Sept. 2001 after 20 years. My husband then lost his job in November 2001. He is presently working. I am receiving unemployment, but, have been looking. We were 3 months behind in our mortgage and now into the fourth. The mortgage company found out my Dad was deceased. I had to fax them his death certificate and power of attorney which I did. I kept in contact with the mortgage company and it is very frustrating. Every time I spoke to someone and had to call them back, I was told the person no longer worked there, the extension didn't exist, the telephone number was changed. We were served foreclosure papers on March 29, 2002. I was told they were trying to work out a forbearance agreement, but, it is so frustrating. They just keep giving me the run around and have never called me back. I spend hours every day trying to get them on the phone. The house is still in my Dad's name and so is he deed. Should I file for bankruptcy before they foreclose if I can't reach them regarding forbearance agreement? Can I and should I somehow get the deed changed. There is some equity in the house which my parents wanted me to have and I would hate to lose it. Please give me any advice you can. I live in Queens, NY. Thanks. : =•=•=•=•=•=•=•=•=•=•= : Kathy, : At this point you have no title record interest in the property. Therefore any bankruptcy filing in your name won’t impinge on the progress of this foreclosure since technically, you’re not on title. : To get on title you’d have to go to your local probate court and get appointed as the administrator of your Dad’s estate and get a court order placing the property in your name as next in line according to NY’s intestate succession law. After that’s done and the property’s in your name then a bankruptcy filing in your name would stop the foreclosure. : : Good luck.

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