Orange County California
Trust Attorneys

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As trustee of an Anaheim revocable trust or the personal representative of a California estate, you have a responsibility to pay the mortgage on any real estate, provided there are sufficient funds available to do so. Failing to keep up with the mortgage as you implement an estate plan could result in the trust or estate losing one of its biggest assets. If you are faced with the threat of foreclosure on an asset held in an Anaheim living trust or estate, an experienced California estate administration attorney can help you understand the options that are available to you. These options may include:

  • Continue to make payments on the mortgage if there are sufficient funds available. It is important to carefully review the terms of the trust or will, however, to ensure that you follow any instructions related to such payments.
  • If there are insufficient funds, you may consider borrowing additional funds to temporarily stop the foreclosure proceedings. Assess whether the will or trust grants the authority to borrow funds.
  • If you have available funds and the terms of the trust or will do not forbid it, you could consider loaning the money yourself to make the mortgage payments. These payments should be reimbursed as an expense of the trust or estate.
  • Contact the lender, and attempt to negotiate a delay in the foreclosure proceedings. If the lender is aware that the property will be sold quickly, they may be willing to work with you. The earlier you initiate communication with the lender, the better.
  • Consider taking more aggressive actions, such as seeking an injunction to temporarily stop the proceedings.

With such a large asset potentially at risk under the threat of foreclosure, it is essential that you act quickly and with the guidance of an experienced professional. Contact the Law Office of James F. Roberts & Associates, APC, today for more information. Our office of experienced Anaheim trust administration attorneys can be reached at (714) 459-5481.

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Due to the CoVid19 virus California has issued a Stay-at-Home order. We understand how important the health and safety of our clients, and our staff is. We are complying with this order by continuing to work from our homes. While we are not in the office, we are still here to answer your questions, conducting consultations for review, and initial appointments by phone and email during normal business hours. We know that in this time, more than ever, it is important to have peace of mind about your estate planning. We are here to help you through this. Call our office number or email us and we will respond as quickly as possible.