| Do you have a Road Home Legal or Property Title Problem? |
by: Southeast Louisiana Legal Services
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| Q. | Are you listed as an owner of your home on a deed, judgment of possession, act of donation or tax assessor?s records? Was the owner of your home dead at the time of the Hurricanes? |
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| A. | If you are not listed as an owner on the above documents or records, you may need an Heirship Affidavit or, in some cases, a Judgment of Possession to prove ownership to your home.
An Heirship Affidavit is a document prepared by a lawyer that lists the facts necessary to determine who inherits the home. This Affidavit must be signed by two persons who know the family history of the deceased owners.
A Judgment of Possession requires that you file a succession lawsuit in state district court. Generally, Road Home only requires a Judgment of Possession when there is a will, ?substantial debt? other than the mortgages, minor children or interdicts who are heirs. |
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| Q. | Has the owner of the family home died since the Hurricane? |
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| A. | If the owner-occupant of your home at the time of Katrina or Rita, has died since then, you can get Road Home funds. But, you must file a succession lawsuit and get a Judgment of Possession. |
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| Q. | Are any heirs or owners of your family home under the age of 18 years? |
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| A. | If any of the owners or heirs are minor children, you may need to file a Tutorship lawsuit in state district court to have someone qualify as the child?s Tutor. A Tutorship gives the Tutor the power to manage the child?s property. |
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| Q. | Do any heirs or owners of your home have serious mental problems? |
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| A. | If an heir or owner suffers from dementia, Alzheimer?s, serious mental illness or retardation, you may need a Judgment of Possession and/or interdiction of this heir or owner to get your Road Home check. |
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| Q. | Do you own your home with a spouse who no longer lives with you? |
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| A. | If you are divorced or separated from your spouse, you may need your spouse to sign the Road Home covenants. If your spouse can?t be found, you may file a lawsuit for court authorization to sign the Road Home documents. Or, you may need to settle the community property with your spouse. A lawyer can help you figure out what your options are. |
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| Q. | Do some co-owners live out of state? |
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| A. | If co-owners can?t come to the Road Home closing, you can ask them to sign a Power of Attorney to authorize you to act on their behalf. The correct form has to be signed before a Notary Public. |
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| Q. | Has someone paid all the real estate taxes on your home? |
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| A. | If your family failed to pay even one year of real estate taxes, your home may have been sold at a tax sale or "adjudicated" to the City or Parish. Since the Hurricanes, many people have been surprised to learn that their homes have been sold at tax sales.
You can?t get a Road Home grant unless you fix this tax problem. You may have rights to get your home back by "redeeming" the tax sale or suing to cancel the tax sale if grounds for cancellation exist. |
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| Q. | Do you have a federal tax lien on your home? |
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| A. | If there is a federal IRS tax lien on your home because you or another co-owner owed federal taxes, you will have to get this tax lien "subordinated." A lawyer can help you with this problem. There is no IRS fee for "subordinations." Your local mortgage office records will show any federal tax liens that have been filed against your home. |
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| Q. | Has your mortgage lender sent you a Notice of Seizure or filed a foreclosure lawsuit against you or any of the owners? |
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| A. | You will have to work out a release of the Notice of Seizure or a settlement of the foreclosure lawsuit before Road Home will pay you. |
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| Q. | Are you or any co-owners in bankruptcy? |
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| A. | Bankruptcy court will require court approval for the use of your Road Home funds. Also, you must tell the bankruptcy trustee about your claim for Road Home funds. Court authorization may be required for signing the Road Home closing documents. |
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| Q. | Have you been buying your home through a Bond for Deed? |
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| A. | You can qualify for a Road Home grant if you were buying your home through a Bond for Deed. But, you must perfect your ownership of your home.
If you need help with resolving a Road Home legal or title problem, contact Southeast Louisiana Legal Services at (504) 529-1000 or use the Legal Program Directory on LawHelp.Org/LA to find a legal services office nearest you.
* To qualify for Road Home Legal Program Services you must meet the eligibility requirement of income 80% below the median income.
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