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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31009
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My mother passed away about a year ago from a battle with

Customer Question

My mother passed away about a year ago from a long battle with cancer. She had over $400,000 in medical bills, large credit card debt, and owed about $80,000 on her $120,000 home. She was single. We live in Wisconsin and were not required to go into probate. We did not attempt to take over her mortgage because we feared that leins would be placed against the house for her debt. My younger sister and her children were living in the house when our mother passed and have continued living there since. Our plan was for her to stay there until the house was foreclosed on and she was evicted. They attempted to auction off the house last week which I believe was unsuccessful as someone stopped by yesterday to find out if my sister would want to handle the mortgage. I might be interested, but I have a few concerns.
1. Debt collectors have not been bothering us. The first few months after mom's passing I got a few calls and I sent death certificates to anyone who sent a bill. It was a lot easier than I had expected.  As far as I know there have been no leins placed on the house. How do I find out if there are any and how long do they have to place a lein on the house? If I do take over the mortgage, can a lein be placed on the house once ownership has transferred to me?
2. Do banks tend to negotiate in situations like this? Can I attempt to get the house for less than the mortgage? There is a mold problem in the basement that is estimated to cost $5000 to fix.
3. If I decide not to try and get the house, how long after getting an eviction notice week by sister have to get out of the house? Will the back stop her from taking furniture, etc?
Thank you.
Submitted: 9 months ago.
Category: Legal
Expert:  Roger replied 9 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

1. In order for an unsecured creditor (a creditor that doesn't have her house as collateral) to place a lien on your mother's property would have had to sue her (or her estate) and obtain a judgment.....then, the judgment creditor could place a lien on the real property. You'd have to get an attorney or an abstractor to perform a title search on the property to determine whether there are any liens against the property other than the mortgage lender.

Expert:  Roger replied 9 months ago.

2. Banks are usually willing to assign a mortgage debt to a spouse, child or heir that is willing to continue paying the debt......otherwise, there is no alternative but to foreclose and take the liquidated proceeds to pay all or part of the mortgage balance.

Expert:  Roger replied 9 months ago.

3. Generally, a person has the right to remain in the house through the date of the foreclosure sale......after that point, they would be considered tenants under the law....and the creditor would have to evict them....which would likely take another month or longer.

Expert:  Roger replied 9 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 9 months ago.

Please let me know if you need anything further. Thanks!