How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney & Mediator Your Own Ques...
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Real Estate Law
Satisfied Customers: 20012
Experience:  Lawyer,Former Broker and Just Answer Legal Mentor
Type Your Real Estate Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

I purchased a rather large home with my mother when she moved

Resolved Question:

I purchased a rather large home with my mother when she moved to GA from CA for health concerns. She passed away almost 2 years ago. My name is XXXXX XXXXX mortgage, but not the deed. She did not leave a will, and she died owing the IRS a very large sum of money. My brother is the executor of the estate, and has informed me there is a lien on the house. I want to get rid of this house I'm living in because it's too huge for just myself to live in, and the mortgage is too much for me to pay all by myself (I'm an elementary school teacher). How will this impact my ability to sell the house and get approved for a new home? I'm getting to the point where I will not be able to finacially pay the morgtage at all, so I really do need to get the house on the market. I'm really at a loss as to what I should do and where this will leave me in qualifying for a new home.
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 6 years ago.
Sorry to hear about your mother's passing.

Since there is a lien on the house for the mortgage, then unable to pay the mortgage can result in foreclosure. IRS can require the house to be sold to pay off the debt she owed unless she left other assets in her estate which can cover the lien. Your brother as the executor would have to negotiate with the IRS to see if they can settle for less on the lien. As to your name is XXXXX XXXXX mortgage, you are still obligated to pay the mortgage.

The better approach would be to sell the house above market value (which may be impossible in today's market). Selling enough to cover the mortgage and wipe out the IRS lien would be ideal. Otherwise the other options of foreclosure, deed in lieu or a short-sale would greatly affect your ability to secure a new loan for the next 3 to 7 years since you would be responsible for the balance due. The IRS would take first dibs on any foreclosure, short-sale, deed in liue and you would be liable for the balance due on the mortgage.

Any refinance would require the approval of the lender, which is not going to happen with an IRS lien in place. If the IRS lein were taken care of by the other assets of the estate, it could be possible to sell.

Worst case scenario would be to foreclose on the property, IRS gets first dibs and the balance of the debt you would have to file bankruptcy if you do not have assets to pay off the difference.

Sorry to be the bearer of such bad news.

Please click accept, and I can help with further questions if you have them.


Please Note: is a public forum. is not a law firm. is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm. uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Attorney & Mediator and 2 other Real Estate Law Specialists are ready to help you

Related Real Estate Law Questions