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If a second mortgage is taken out by an heir of the

If a second mortgage...

If a second mortgage is taken out by an heir of the property, without the concent of the other heirs, are the other heirs responsable for the mortag when the first heir dies?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

It is West Virginia

Lawyer's Assistant: What documents or supporting evidence do you have?

Will, deeds of trust

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it for now, there is just too much to type

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Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 4 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 3 minutes by:
3/18/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,520
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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How was an heir of the property able to take out a mortgage if they don't actually own the property?

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thanks

Barrister

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Customer reply replied 4 months ago
It would be better to talk rather than twxt. Please call(###) ###-####

The phone call offers are auto generated by the website, not me personally. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible in writing.

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However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..

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Customer reply replied 4 months ago
Alright that is fine. Weare finding all this out after we received a letter asking us to sign off on the property and to ask for an amount for our share
Customer reply replied 4 months ago
It is all very confusing. We are researching and finding out alot but nothing answers the questions we have, it just adds more questions

Here is the thing... an bank isn't going to make a loan on property that someone doesn't own... I can't go out and take out a mortgage on your house...

.

So the borrower has to own the property and the bank is going to run a title search to make sure of that.. But if a borrower dies, the people who inherit after them aren't liable for the debt... If the debt isn't paid, the bank forecloses and just sells the property, But they can only go after the estate of the deceased for payment of the debt.

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Customer reply replied 4 months ago
Okay, thanks.

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,520
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
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