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  1. #1
    Join Date
    Jun 2012
    Posts
    3

    Default Is There a Redemption Period if the Owner is Deceased

    My question involves a mortgage in the state of: Michigan.

    My mother passed away and February of this year. I had no means to keep up her mortgage so I let it go into foreclosure. Currently, the mortgage company will not speak to me because I do not have a power of attorney. BUT, supposedly, they are talking to my aunt, who lives in the house. I know for a fact that she did not have a power of attorney on my mother. According to my aunt, the sheriff sale is in the beginning of July and they told her that she will need to move out by that date. She told them that she has a 6 month redemption period. She was living in the house as guest and there was never a rental agreement drawn up. I would like to know if there is still a redemption period with the owner gone. My concern with this is that my mother's belongings have been left in the house and I do want to get them out before the house is lost.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is There a Redemption Period if the Owner is Deceased

    nobody has a power of attorney.


    Once a person dies, so does the power of attorney. Aunt has no claim to a redemption period regardless of had there been a rental agreement or not. There could be a period of protection that would allow your aunt to remain in the home but there isn't enough info to determine if that is applicable. Given there was no written lease, the most she would be entitled to is 90 days, IF it applied.

    Is anybody intending on opening probate and actually dealing with her estate?

    whoops, sorry I missed one of the qualifications: aunt would not be eligible for the grace period due to the fact she paid no rent.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is There a Redemption Period if the Owner is Deceased

    If you have the legal right to do so, go get your mother's belongings. If that means opening an estate and becoming administrator, there you go.

    If you leave them there until the foreclosure is complete, you should expect that you'll never see them again.

  4. #4
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Is There a Redemption Period if the Owner is Deceased

    None of the 4 kids wants to file for probate. I plan on storing everything I can. That brings me to another point. I am listed as conservator on the will, my aunt is not listed in any way on the will. Currently my aunt's attorney is holding the will for payment on her bill. If I call and explain the situation, does anyone have any suggestions that may get me the will or should I go secure an attorney myself to secure the will. I really don't suspect I have the time to get an attorney to secure the will.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is There a Redemption Period if the Owner is Deceased

    if you do not open probate, the will is meaningless and unless somebody applies to at administer the estate, nobody technically has any right to anything.

    not sure why your aunt's lawyer would be holding your mothers will for a debt of your aunts but if somebody wants to enforce the will, open probate and if that lawyer refuses to submit the will, ask the court to demand he present the will to the court.

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