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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10206
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I purchased 2 acres of land from my uncle in 2009 i have a warranty deed,two years ago my

Customer Question

i purchased 2 acres of land from my uncle in 2009 i have a warranty deed,two years ago my uncle passed away anyway his property hasa mortgage on it i found this out after his death
His daughter is the executive of his estate she has been making payments on the property up till now, she says she is going to let the mortgage co. have the property what is this going to do to me
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 6 months ago.
Dear Customer,If the mortgage company has a legitimate lien against the property from prior to your purchase from your uncle, their lien is going to have "seniority" to your warranty deed.What this means is that if you do not take over making payments on the mortgage, or refinance the mortgage, the bank can then foreclose on the property.If the mortgage was second in line to your deed (and your deed was recorded with the County Recorder's Office), the mortgage company cannot foreclose because the loan was made against property that the borrower (your Uncle) no longer owned. (Be aware, you are probably going to have to fight them on this, consider hiring a lawyer early).This of course only deals with the mortgage side of things. It does not deal with the issue of you purchasing a property from your uncle that had a mortgage on it.If your uncle sold you a property that was mortgaged without paying off the mortgage there may be a claim against the estate that you could make requiring the estate to pay off the remainder of the mortgage (be aware, this is not a very clear cut claim - mortgages are recorded, and therefore open to public knowledge, buyers of property (even family) can easily get a title search which reveal mortgages against properties, and therefore it weakens claims such as yours - this does not mean you don't have a claim, I just want to advise you that there are significant issues to be aware of).