Where to start here? Nutshell existing data sounds appropriate. Here goes. My stepdad passed away unexpectedly. (My mother passed away in 2013. They got married in 2000) . Estimated property value with solar included? 520K. Pool home, on pond, Estero. New roof, HVAC, Solar only 3-4 years old and lithium battery bank, ATS etc. A trust was created. Pretty sure it was either a living, or revocable trust. Why don't I know? Vanguard vaporized it. My dad told me about it, and best friends wife also. I was not adopted. Met the man when I was about to turn 18. Was best man at my parents wedding, and also walked the bride down the aisle. 30 years later... here we are. I planned on passing his name on if I had a son. Life had other plans. Dad has only 1 surviving next of kin, out of state. In 80's, well established, knew what my dad wanted. As soon as we got death certificates, we both went to both banks, hand delivered them, notified them of our intent for me to be the sole heir. Brother wanted nothing but to help me. Knew I'm a single dad, no child support. Dads gesture was to help my situation as he planned to move out of state. I call Vanguard, they extensively verify my identity. Inform me I'm no beneficiary and they're closing the accounts. I wasn't PR yet, but I am now. I was extremely confused. It took a long time. I thought I hired counsel a month or two after passsing. Was scammed out of close to 1K. Close to 9 months wasted thinking the paperwork was being drafted. So much for Legalmatches guarantee. Almost a year in and the foreclosure process started and I hadn't even begun yet. Took a long time to get more funds for another probate attorney. Got decent help. Didn't have much so firm told me they'd file necessary papers... their primary duty and all financials I'd handle myself. I did incredible amount of due dilligence in the time I thought I had representation. Initially the brother hired a probate attorney for me in essence... but after that lawyer took a look at the data.... informed brother if long and drawn out, fees might negate any benefit for me. Ended agreement with attorney.
Take a 15... J/k
Here's where it goes.... south for eons. Notices start coming to the property addressed to "Unknown heirs of". I was scratching my head because we informed both lienholders of intent specifically. It's not the probate process but that was in the works. Long drawn out process of the bank "searching" for the heirs. Only 1 next of kin we made them aware of it. Branch doesn't communicate with upstream I guess? In that time I had another branch appointment to clarify what would need to happen to either take over the mortgage, or refinance the 2 into one when I was able to after probate etc.
Recent.Once my real decent paralegal started the probate case, zero complaints at all. I made her aware of the sense of urgency. She did a real good job. After some delays unintendedly from the brother, I was made PR. Maybe a few weeks before the foreclosure auction? Bad place to be. I a la carte hire a foreclosure attorney to file emergency motion to delay the auction so I could sell the property myself and payoff both liens. The foreclosure auction happens anyways before judge reviews the motion. RIP 1500 bucks. Wasn't easy to come by.
(When I added something in the first few lines, it overwrote a few key details. I'll retype them. 1st Mortgage BOA 192K. Second motrgage to payoff the solar at a better rate. 5th 3rd. 92k)
Here's the details. The house was sold for 339,000 at auction. Roughly 130k less than market value not even counting the solar. Who won? I was floored when I learned it was 5th 3rd who had won the auction. Immediate conflict of interest came to mind. Then the fact I have 3 accounts at BOA... yet they denied my ability to sell the home myself and pay them off. 5th 3rd for some reason, made a claim in the probate case for their 113k after fees. (OUCH!) My representation filed a dispute stating reply within 30 days or claim voided. They didn't reply. Now here we are and finally the questions for you fine folks. BOA's judgement was for 249 I believe. House sold for almost 340,000 Was surplus but obviously 5th 3rds lien still out there. I find out the winner of the auction can't claim surplus proceeds. Enter confusion. I file owners claim for proceeds... and a motion for disbursement. Randomly I get a certified letter from 5th 3rd... stating that the 113k has been paid off and their claim is satisfied. It's listed NOWHERE on the probate, or foreclosure case. I get million phone calls texts emails from people trying to scam me out of the surplus. I read the first few Dropbox contracts and spotted the ploy immediately. 10-14% of 94K for filing a few motions. Not a chance after losing hundreds of thousands of equity in the house already. I have filed the owners claim, and motion for disbursement. A day or two ago, I see BOA has recently filed a motion for disbursement... for the PLAINTIFF. That's them. Since I didn't go through either of my attorneys for the surplus. I receive zero answers. I've contacted the clerk of courts. Zero information from them. Did I get hosed out of the 94k too? Which means my parents house benefitted neither my daughter or myself at all... and the banks ripped me off on a massive scale with the help of the courts? Sounds harsh but facts are facts. TYSM for taking the time to read this far if you have. Finding my dad like that was an extreme shock. He was in good health and only 71. I need this process to be over, SO much time and effort and money too... to have it end like this is.. soul shattering. Thank you in advance for any light you can shed on this issue for me. From what several different Ai models have informed me, handfuls of this process have been left of the law. If you care to see dockets, Probate is 25-CP-000108. Foreclosure is 24-CA-002457
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