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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111683
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have inheirated a hous asnd after eight years I am told

Customer Question

I have inheirated a hous asnd after eight years I am told that ther is a mortage against it' What to do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the law, when you inherit the house, you had to do so through probate in the surrogate courts. At that time the mortgage company had to be notified and they have a lien on the house, so the mortgage still has to be paid or they will not release the lien. Now if the mortgage has not been paid in 8 years, they cannot make you pay the mortgage, but they do not have to release the lien and they can actually foreclose on the house and take the house, but since you are not on the mortgage they cannot make you pay it and also if they did not sue in 6 years from the last payment, they cannot sue, they can only foreclose on the home and take the property.

However, if you want to keep the house, you are going to have to make sure probate was done properly on the house and arrange to make payments or they can foreclose and take the house from you.

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