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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5267
Experience:  Licensed to practice before state and federal court
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I am living in a mobile home which my mother and I purchased

Customer Question

I am living in a mobile home which my mother and I purchased in 2000.
JA: What state is this in? And how old is the mobile home?
Customer: My mother passed away in 2015. I tried to get the mortgage in my name but they would not remove her name
JA: Has anything been filed or reported?
Customer: SD and it was new when we purchased it
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been making the load payment, taxes and lot rent but I am 67 and need to move to CO to be with my deceased brother's wife I can't afford this any longer
Submitted: 1 month ago.
Category: Legal
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm very sorry to hear about your situation. Generally, when someone dies, their estate should be paying all of the remaining debts. Their estate consists of things like any stocks, bonds, interest in a business, cars, homes, etc. that they have to satisfy their debts. Additionally, when there are two borrowers on the loan, then each bower is going to be independently liable for the loan. Thus, in your case, both you and your mother's estate are going to be liable for paying the loan. However, this doesn't mean that your mother's name will be removed from the loan. You may be responsible for the remaining payment. This means that you will either need to a) have the property go into foreclosure; b) pay off the loan; or c) continue paying on the loan until it is done. If someone managed your mother's estate, you should ask them about having the estate kick in a portion to help pay this housing debt.

.Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Customer: replied 1 month ago.
There was no estate. My mother's will was clear in dividing everything equally 3 ways, with exception of the mobile home and other designated items which were all distributed upon her death. So, you see, there was never an estate.
Expert:  Legal Eagle replied 1 month ago.

I understand. You see, everyone has an “estate” after they die. Sometimes, it’s worth $0. Other times, it can be worth millions. Many times, the estate of someone simply means the clothes that they had on when they died.

If this is the case, then the mortgage company is going to hold you liable for the remaining debt. If you try to sell, you may need to get whoever managed the distribution of the property to sign off on behalf of your mother now that she’s passed. Otherwise, you may be able to continue paying on it and eventually sell it and repeat the proceeds of the sale.

Customer: replied 1 month ago.
Okay, I distributed everything. At the time of her death, I had 2 siblings. Now I have only one. I want to know if my other sibling will be held responsible if I decide to go into foreclosure.
Expert:  Legal Eagle replied 1 month ago.

Good question. The answer is no. The other sibling will not be held liable unless they were a co-borrower on the loan. Otherwise, they are not going to come after them at all. Did you have any other questions for me?

Customer: replied 1 month ago.
no thank you
Expert:  Legal Eagle replied 1 month ago.

I'm very sorry for your loss, but the pleasure is all mine here. Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.