Since the only security for a mortgage is the house, can an estate just walk from it?If the executor of a will just stops paying the mortgage on a house, can the estate still be settled?
Sure. The estate can be sued, but the lien holder can only get as much as is available, or the value of the loan, whichever is lesser.If the executor of a will just stops paying the mortgage on a house, can the estate still be settled?
That would depend on how much is still owed on the mortgage. When someone quits paying on a mortgage, ownership of the house automatically reverts to the current lien-holder of the mortgage, which is usually a bank. The bank (or any other lien-holder) has the right to sell the house at public auction. The proceeds from that sale are then applied to the outstanding balance owed on the mortgage.
If those proceeds are considerably less than that outstanding balance, and they usually are, then the lien-holder has the right to bill or sue the original estate for the remainder of the unpaid balance. And, unless there are some truly unusual circumstances to the case, they will most likely win the case.
Depends on many variables.
If not explored by an attorney the mortgage company could file a claim against the estate to cover the mortgage.
If their is not enough money in the estate the aires could be sued by the motrgage company.
Good Luck
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