Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good evening. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
While you have no legal basis to enforce the promise of a new contract which was never entered into before the seller died, you still have the right to enforce the original contract.
If the title is in your name then they can not take the property back without foreclosing, the can, if the mortgage permits, assign the mortgage if they want, through the estate. They can not foreclose, though, unless you are in default.
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