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    Need assistance please - very long story

    I don't know where else to turn at this point, so I came to people who have been there/done that. I hope someone can point me in the right direction.

    Story begins about 2+ years ago. My brother Mike has a house in PA, he fell behind on payments and ended up selling it to "someone" with the terms that after 12 months if he couldn't buy the house back, then that "someone" would keep the house. Brother owed $625,000 (I think) on the house but it appraised at $780,000 at the time.

    My dad felt badly for brother, paid a few payments for him, and in April of 2007 he arranged to buy the house back because brother couldn't get a loan.

    Dad borrowed $200,000 on his own house as a down payment on brothers house and then got an additional loan for $425,000 (I think) for brothers house. Brother was supposed to turn right around and sell it for more then he owed and they would both be OK, well he didn't. Then he didn't make the payments either.

    Fast forward to March '08, my dad had an aortic dissection and after a few months it was clear he wasn't going to be able to return to building cabinets as he had been doing so he filed for disability social security and is now getting $1400 per month in SS.

    Between brothers house, dad's house and all the utilities and such, it costs dad about $6000 per month. He had an inheritance from his mom and was using it to stay afloat.

    Bad news... November 26th my dad was in a quad runner accident and got a fractured skull. He has been in the ICU ever since and the Dr.s can't give us any indication as to whether he'll even survive or be able to function IF he does survive.

    Dad has a girlfriend of 15 years that has always lived with him. Apparently she has POA 1st, then it goes to me. Her and I both need to work together to figure out what we're going to do to protect my dads finances.

    Breakdown... brothers house has been for sale for months now for $569,000 and no interest has been shown. I am waiting for the agent to call me to give me exact numbers, but from what I remember, the loan is for $425,000, dad's girlfriend thinks it's $480,000. I am going to ask the agent at what price does he think he can get a quick sale for it. If we can sell it even for $500,000 and come out with a few thousand bucks, great! There is also some issues I need to find out about, but taxes will be due soon and they are about $5800. Dad's girlfriend also told me that last years taxes are due too in the amount of $8000. I don't know anything about that, but the agent should be able to clear that up.

    Question is... if we can't sell it in a matter of a month, I don't want to make additional payments on it. The payment on brothers house is $2100. Dad has $20,000 cash left and that's IT for him to live on. So what are our options about foreclosure or short sale or ?????

    We might also have an issue with my dads primary residence. He owed $110,000 on it, it WAS worth over $550,000 but as we all know, that changed this past year. Well in addition to the $110,000 first mtg, he has that 2nd mtg in the amount of $200,000. He can't afford the payments on that either. I was told that some banks might be able to reevaluate your mtg in lieu of you foreclosing. A friend of mine knows someone who's loan was drastically reduced so that he could stay in the house and make the payments. The terms were reduced so that he could afford it and the bank got something rather then nothing. At what point does this happen? Is it possible I could maybe get my dad's mtg reduced to an amount he might be able to afford??

    The surgeon told me last night it could be 6 months before we know how dad is going to come out of this. As of right now he's still in an unresponsive state and is being sedated. They have done all they can for him medically, now it's just wait and see if he survives and what is left.

    #2
    First, I'm so sorry that your dad is so ill and that at this point you have no end in sight with his ongoing medical problems.

    I'm assuming that neither you or your dad's girlfriend has a durable power of attorney to make medical or financial decisions for your dad while he is incapacitated. I'm also assuming that your dad has never given anyone in family written instructions about what to do if he is incapacitated.

    It's a very complicated legal situation when an adult is not competent, yet has looming legal and financial problems that could ultimately end in foreclosure of all assets.

    I suggest that you start with the hospital's resources which will be free. Ask to see a social worker or the patient rights advocate. They should be able to direct you to hospital and community resources that can help you and dad's girlfriend sort out what is possible to do in this very difficult situation.

    I wish you good luck and your dad a full recovery. If he becomes competent to make his own decisions again, once all his medical bills are in, then Ch 7 is a real possibility to begin a financial recovery after so much hardship.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Thank you for your reply.

      We DO have a POA. The girlfriend says she is listed first and I am second. I have never seen it. She has been signing all his checks and was able to transfer funds from his bank and such, so I assume she's on his accounts as well? Last time he was in the hospital, she was able to keep everything running too.

      We know what his wishes are in regards to his health, and we know he has been more then ready to get brother out of the house but brother manipulates dad, he can't do that do us. I did call the Realtor on brothers house yesterday and he will be checking into the county records and see if I am correct on what's owed on the house (mtg and taxes) he will then do up a couple options for me and the girlfriend and let us know what he thinks the house can sell for and what we would net after payoffs/taxes/fees etc and then what we NEED to sell it at to break even.

      He did tell me that before it goes into foreclosure, the bank would offer a short sale, so I assume that would be better then foreclosure? I did let him know that we more then likely could not make another payment on it. I also let him know that brothers "conditions" regarding showing the house are no longer going to be an issue. Brother has refused to show the house on weekends when his family is home, which is bunk and is going to end now. We have court ordered eviction papers which show he was ordered to be out September 29th, but dad never enforced them. IF brother still refuses to let the house be shown, those papers will be served and he will be moving so that the house can be shown.

      There is a will, I am the executor of it, so in the event of dad's death, we also know his wishes for that. Brother was recently removed from any and all rights to anything that is left, which really, at this point, because of him, there might not be anything left.

      Comment

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