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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33732
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother passed away. My sister is executor of the estate.

Customer Question

My mother passed away. My sister is executor of the estate. The house is being foreclosed on. Am I legally responsible for any money or can they put a lein on my house?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Am I legally responsible for any money or can they put a lein on my house?

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No, as long as you haven't signed off on her mortgage as a co-signer, then you don't have any legal obligation for your mother's debts. The executor would be responsible for selling all assets of mother's estate and applying them to paying off her debts. If there are more debts than assets, then the remaining creditors just don't get paid.

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But the heirs and the executor are not personally liable for the deceased's debts.

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thanks

Barrister

Customer: replied 1 year ago.
Then why am I being notified of foreclosure
Expert:  Barrister replied 1 year ago.

Because you are a legal heir to mother's estate and in order to cut off your rights to the property through her estate, you have to be notified and actually made a party to any foreclosure action so that when the property is foreclosed on and sold, the buyer can get clear title.

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You aren't liable in any way, but they do have to extinguish your inheritance rights to the property by naming you as a defendant along with the estate and any other heirs.

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thanks

Barrister

Customer: replied 1 year ago.
Thank you, ***** ***** been very helpful. Would I be able to pay off mortgage at this juncture if I wanted to buy house?
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help.

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Whether you would be able to pay off the mortgage and purchase it would be up to the executor, but I can't see any reason why they would object rather than just let it go to foreclosure sale.

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But if you get your financing lined up before it goes to auction, you might actually be able to buy it at a foreclosure auction cheaper than by paying the mortgage off. The bank won't bid more than the amount owed on the mortgage so you really have nothing to lose by just bidding on it if you get your financing approved and ready.

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thanks

Barrister