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My parents passed away and they had a mortgage. we didn't…

Customer Question
My parents passed away...

My parents passed away and they had a mortgage. we didn't notify the Mortgage company of their passing and tried to keep up the mortgage payments. The house is now 6 months behind and facing foreclosure. What options do we have to help save the property?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Virginia We received letters from the Attorneys on the Lenders behalf

Lawyer's Assistant: Has any paperwork been filed?

Yes, the property will go in foreclosure on 12/18

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

Only that we have not communicated with the Mortgage company since my parents are deceased

Submitted: 2 months ago.Category: Legal
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Answered in 3 minutes by:
12/12/2017
Lawyer: Barrister, Attorney replied 2 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,119
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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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Is there any equity in the house?

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Has anyone filed a probate case to settle their estates?

.

Are you able to get caught up on the payments?

.

.

thanks

Barrister

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Customer reply replied 2 months ago
I am unsure of whether or not there is equity because we have not communicated with the mortgage company because we did not want to falsify information to let them know that we were not the lenders on the mortgage.
We did not file a probate case to settle their estate and we are unable to make the full payment of what’s behind but do you have some funds
Lawyer: Barrister, Attorney replied 2 months ago

Ok, there is nothing illegal about you continuing to pay the mortgage. In fact, under federal law, you have the right to continue on with the current mortgage if you wish to if you inherit the house from a parent.

.

However, the lender won't talk to you about any options if you aren't actually on the loan or aren't the legal rep for the estate.

.

So in order to try and keep the house, someone would have to file a probate case to settle parents' estates and be appointed as the rep. Then the bank will talk to them and can explore any options for a refi, or loan modification.

.

But if there is no equity in the house, it wouldn't make sense to try and keep it since you as an heir aren't liable for the mortgage.

.

.

thanks

Barrister

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Lawyer: Barrister, Attorney replied 2 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,119
40,119 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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