Posted by Jackie on 2/07/09

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I do not know what to do nor where to go to get help.

I will try to make a long complicated story of my situation
short. During the month of December 2007, my mother passed
away. My mother owned a house and there was no will or
living trust. My parents wishes was to leave the house to
there son's and daughters. I am one of four living
siblings. I always assumed that the house would go into
probate and me and my siblings would sign an agreement on
what to do with the house after my mom's death.

About two weeks ago I just found out that My mother's house
is now in pre-foreclosure. I confirmed this by doing a
title (deed) and mortgage document search that there was a
Adjustable Rate Home Equity Conversion Mortgage taken out on
the house in my Mother's Name for the amount of $525,000
during the month of November 2007, one month before my
mother's death. My mom at the time had end stage dementia
and previously had a stroke in August 2007. The mortgage
document also showed that my sister signed for the loan
acting as my mothers power of attorney. I do not know how
she did this because my mother wrote down and picked me as
her power of attorney. I have the document from the
hospital dated October 1, 2005 stating I am her power of
attorney and if anything ever happened to me, my sister
would take over as her power of attorney. My sister would
never acknowledge this fact after our father's death in
August 2006 and kept control of all the accounts.

Currently my sister is now refusing to talk to me about what
is going on with the house. She is no longer returning my
calls. She claims she is executor, but she will not show me
any of the bank accounts, bills, reciepts, etc. I do not
know what happened to the loan that was taken out November
2007. I suspect that my sister still has access and
control over this loan at present time. I found out about
the preforeclosure of my mothers house from a lady both my
sister and I know. The lady came up to me and asked me why
I am not considering her offer on the house. She tells me
that she gave an offer to my sister, but my sister lied to
her and said I did not want the offer. My sister said I am
holding things up. Its weird my sister said that because I
was never notified about the offer. I also find out from
this lady that my sister told her she already spent over
$100,000 and the house was now in pre-foreclosure. When I
confronted my sister about this when she talked to me for
the last time, she tried to say the money was spent of my
mother's care. I do not now how that much money was spent
on her care when she was only home hospice for two weeks
from when the loan was taken out to the time of her death.
The rest of the weeks she spent in the hospital. I have a
strong feeling that my sister and her family was spending
the mortgage money during the year 2008.

I feel that my sister for some reason is holding up the sale
of the house behind my back in order for the house to
foreclose and the bank takes it back. I think that she
might be trying to walk away with the loan amount because it
was taken out in my Mother's name and she is now dead. I
cannot afford a lawyer at this time. I do not know what to
do nor do I know who can help me. I think my sister
conducted power of attorney and mortgage fraud. Plus I do
not know how my sister was able to get a $525,000 adjustable
rate home equity conversion mortgage in my mother's name
because the house at the time was only worth between
$300,000 and $330,000. Please advise my of my legal rights
and what I can do

Re: I need advise!, 2/07/09, by jackie.

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