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Attorney & Mediator
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I purchased a rather large home with my mother when she moved

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I purchased a rather large home with my mother when she moved to GA from CA for health concerns. She passed away almost 2 years ago. My name is XXXXX XXXXX mortgage, but not the deed. She did not leave a will, and she died owing the IRS a very large sum of money. My brother is the executor of the estate, and has informed me there is a lien on the house. I want to get rid of this house I'm living in because it's too huge for just myself to live in, and the mortgage is too much for me to pay all by myself (I'm an elementary school teacher). How will this impact my ability to sell the house and get approved for a new home? I'm getting to the point where I will not be able to finacially pay the morgtage at all, so I really do need to get the house on the market. I'm really at a loss as to what I should do and where this will leave me in qualifying for a new home.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 5 years ago.
Sorry to hear about your mother's passing.

Since there is a lien on the house for the mortgage, then unable to pay the mortgage can result in foreclosure. IRS can require the house to be sold to pay off the debt she owed unless she left other assets in her estate which can cover the lien. Your brother as the executor would have to negotiate with the IRS to see if they can settle for less on the lien. As to your name is XXXXX XXXXX mortgage, you are still obligated to pay the mortgage.

The better approach would be to sell the house above market value (which may be impossible in today's market). Selling enough to cover the mortgage and wipe out the IRS lien would be ideal. Otherwise the other options of foreclosure, deed in lieu or a short-sale would greatly affect your ability to secure a new loan for the next 3 to 7 years since you would be responsible for the balance due. The IRS would take first dibs on any foreclosure, short-sale, deed in liue and you would be liable for the balance due on the mortgage.

Any refinance would require the approval of the lender, which is not going to happen with an IRS lien in place. If the IRS lein were taken care of by the other assets of the estate, it could be possible to sell.

Worst case scenario would be to foreclose on the property, IRS gets first dibs and the balance of the debt you would have to file bankruptcy if you do not have assets to pay off the difference.

Sorry to be the bearer of such bad news.

Please click accept, and I can help with further questions if you have them.


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