Good morning. My younger brother, who is mentally handicapped and autistic, bought a house in 2022 from our aunts. The mortgage has been sold twice, and the current servicer, which has a low rating, sent him three loan modifications, each increasing the payment. My father lives with him, but I’m concerned about his involvement, especially since he was upset about not setting up autopay. I live far away and just found out about this situation. I’m looking for any advice on how to help or who to contact to protect my brother’s interests.
How was your brother able to sign for a mortgage given his condition? What are the modifications for? Are payments being missed?
Ren said:
How was your brother able to sign for a mortgage given his condition? What are the modifications for? Are payments being missed?
He functions well but has limitations, similar to a 15-year-old. Initially, a company refused him a loan due to his disability, but he eventually secured one. He’s in Minnesota. He thought loan modifications were standard, not knowing they’re typically for financial hardships. He tried resolving this with the lender months ago without success. I’ll try to get authorization to discuss his account.
@Cade
Does he have a legal guardian or someone with power of attorney?
Ren said:
@Cade
Does he have a legal guardian or someone with power of attorney?
Our father was his guardian for a long time. He tried setting up autopay but couldn’t since he’s not on the loan. Not sure if he’s still officially the guardian.
@Cade
Being a guardian and having power of attorney are different. You should clarify his current legal support.
@Cade
You need to verify if the guardianship is still active. If it ended, it might be due to negligence. Getting full transparency from your family is crucial.
Why does he need a modification if he’s up-to-date with payments? You won’t be able to discuss his mortgage without his permission.
Lior said:
Why does he need a modification if he’s up-to-date with payments? You won’t be able to discuss his mortgage without his permission.
Thanks for your response. I explained to him that modifications are usually for financial distress, which he isn’t facing. It’s been challenging to get a response from the mortgage company. Legal help seems necessary, but it’s financially difficult for us.
@Cade
It’s crucial to have a guardian or legal aid help him navigate this, especially if communication with the lender is problematic.