Articles & Reports
NCLC, Keeping It in the Family: Legal Strategies to Address the Challenge of Heirs Property and Prevent Home Loss (Jan. 2024)
NCLC, Property Tax Foreclosures on Heirs' Property (Aug. 2023)
NCLC, Homeowner Tactics to Overcome Problems with Tangled Titles (Apr. 2023)
NCLC, Twelve Tips for Homeowners After Natural Disasters (updated Oct. 2024)
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Most treatise content requires a subscription. Chapter One of each treatise is available for free. To subscribe to NCLC treatises, visit the bookstore.
Treatise Content
Mortgage Servicing and Loan Modifications
2.11 Challenges for Successors in Interest
3.2.3 RESPA Applicability to Successors in Interest
3.3.4.3 Limited Request for Information by a Potential Successor in Interest
3.6 Force-Placed Insurance
3.10.4 Successors in Interest
4.8 Garn-St Germain Act—Limitations on Due-On-Sale Clauses
4.8.2 Successors Have the Right to Obtain Loan Information
4.8.3 Successors Have the Right to Stay and Pay
4.8.4 Successors Have the Right to Assume the Loan
4.8.5.Successors Have the Right to Cure a Mortgage Default in Bankruptcy
6.3.5 Mortgage Assumption
12.1 Representing Clients in Natural Disaster Areas
E.2.8 Limited Request for Information from Successor in Interest
E.2.10 Notice of Error by Successor in Interest and Request to Confirm Successor Status
Home Foreclosures
5.10 Due on Sale Clauses
15.3.3.3 Reverse Mortgage Maturity, Non-Borrowing Spouses
16.3.3.2.9 Grounds for Challenging Tax Sales, Avoidance in Bankruptcy
16.4 Redemption Following Tax Sale
Access to Utility Service
2.2.3 Denial of Service Based on Third Party’s Outstanding Debt to Utility
Video
Key Links
Fannie Mae Servicing Guide
Freddie Mac Servicing Guide
FHA Servicing Guide
FEMA Individuals and Household Program
FEMA, How to Document Ownership and Occupancy for FEMA
Video on client stories and pro bono representation
Tangled Titles: Philadelphia Explores Heirs' Property Solutions to Boost Generation Wealth (Apr. 8, 2022) by David Slade, The Post and Courier
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Materials from NCLC & NACA conferences are available for free on the NCLC Digital Library to verified community members. Verified community members must be one of the following: legal aid, active NACA member, or attendee of a recent NCLC & NACA conference.
Conference Materials
Mortgage Strategy Summit: Zombie Mortgages, Successors and Tangled Title, and Loss Mitigation/Homeowners Assistance Fund (CRLC 2022)
Can Estate Planning be Used to Help Preserve Economic Assets in Low-Income Communities?
NCLC’s Mortgage Servicing and Loan Modifications § 2.11 (2022), Challenges for Successors in Interest
NCLC’s Mortgage Servicing and Mortgage Servicing and Loan Modifications § 3.10.4 (2022), Successors in Interest
African Americans Have Lost Untold Acres of Land Over the Last Century
Sample Successor Letter to Servicer
Historic Partition Law Reform: A Game Changer for Heirs’ Property Owners
Reforming Property Law to Address Devastating Land Loss
From Reconstruction to Deconstruction: Undermining Black Ownership, Political Independence, and Community through Partition Sales of Tenancy in Common Property
Forced Sale Risk: Class, Race, and the “Double Discount”
Sample NOE by Successor in Interest and Request to Confirm Successor Status
The Intersection of Decedent’s Estates and Consumer Law – A Practical Guide to Handling A Case When A Client Dies and Advising Heirs (PowerPoint)
The Intersection of Decedent’s Estates and Consumer Law – A Practical Guide to Handling A Case When A Client Dies and Advising Heirs (Outline)
Untangling Title: Saving the Home When Heir Property Issues are Involved (CRLC 2021)
Untangling Title: Saving the Home When Heir Property Issues are Involved (PowerPoint)
Uniform Partition of Heirs Property Act
Predatory Real Estate Investment via Partition
This New Tactic by Real Estate Investors Is Forcing Some from Their Homes
Heirship Deed Without Covenant Against Grantor's Acts
Heirship Affidavit, Deed Appendix
Successors in Interest and Absent Co-borrowers: Saving the Family Home After Death, Divorce, or DV (Mortgage Conference 2022)
Conference Videos
Successors in Interest and Absent Co-borrowers: Saving the Family Home After Death, Divorce, or DV (Video) (Mortgage Conference 2022)
Untangling Title: Saving the Home When Heir Property Issues are Involved (Video) (CRLC 2021)