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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38202
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My friends mother took a mortgage out on her house when she

Customer Question

my friends mother took a mortgage out on her house when she was diagnosed with cancer. when she passed away the balance of the 321,273.71 balance was $85,180.19. as of now the house was auctioned off due to the brother(trustee) not honoring the request from their mom in the will. The value of the house through auction was acquired in full. so my question is the remaining line of credit owed is that still owed and can the next of kin collect that??
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: sorry my screen was acting up
JA: Has anything been filed or reported?
Customer: not that i know of
JA: Anything else you want the lawyer to know before I connect you?
Customer: yeah the trustee in all rights did not honor the will ... What can bne done about that maybe
Submitted: 1 month ago.
Category: Legal
Expert:  Barrister replied 1 month ago.

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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If the house was foreclosed on and sold at auction, then whatever it brought over what was owed would go into the mother's estate to pass down to her heirs according to her will.

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The line of credit and any other debt owed on it would have been extinguished when the house was foreclosed on.

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So whatever the will says about who inherits any surplus money would control what happened to anything over what was owed on the house.

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thanks

Barrister