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Can you as co-executor be sued for the debt of your parent's foreclosed mortgage?
Wiki User
∙ 14y ago
The estate is responsible for the debts of the decedent. The executor is not personally liable. If it is necessary to bring suit the executor's name will be recited as the respondent as the executor of the estate and not as an individual.
Wiki User
∙ 14y ago
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What happens to second mortgage if first mortgage is foreclosed?
If the first mortgage is foreclosed the second mortgage lien gets wiped off the property by the foreclosure so the property can be sold free and clear of the second mortgage. However, the mortgagor still owes the debt to the lender and the lender can pursue collection of the amount due by a civil lawsuit.
How long can a second mortgage company try to collect on a foreclosed loan?
This answer will vary by state and depends on the situation. In one-action states such as California, if a lender foreclosed they cannot pursue the borrower further. If a first foreclosed the second is free to persue the borrower. In California the statute of limitations for collection of a debt is 7 years.
Are you responsible for the mortgage on the property that was left to you as an inheritance?
You are only responsible for the mortgage if you are willing to accept the debt. If you are not willing to accept the debt you simply allow the property to be entered into probate and foreclosed on by the lender. You are not responsible for any monies owed regarding said property even if it was "willed" to you unless you choose to do so.
Can a mortgage debt from foreclosure be leined against a vacation home?
The answers on this depend greatly on the state the home is in, whether or not the home that was foreclosed was an investment or primary residence, and what type of mortgage debt you're referring to. If you can clarify these points I will be better able to answer your question. No matter what the answer, no lien can be placed on your other property without a court judgment. Whether or not the mortgage company can take you to court over the debt is what depends on the facts mentioned above.
Are adult children liable for parents mortgage debt?
No, not as long as they didn't co-sign the mortgage. However, if the parents have died and their property is subject to a mortgage the lender will foreclose on the property if the mortgage isn't paid. If the heirs want to keep or sell the property they must keep the mortgage payments current.
What happens to second mortgage if first mortgage is foreclosed?
If the first mortgage is foreclosed the second mortgage lien gets wiped off the property by the foreclosure so the property can be sold free and clear of the second mortgage. However, the mortgagor still owes the debt to the lender and the lender can pursue collection of the amount due by a civil lawsuit.
How does a surety agreement work in a real estate mortgage in case of foreclosure?
It may be enforced through a lawsuit if the foreclosed property is not sufficient to pay the actual debt.
How long can a second mortgage company try to collect on a foreclosed loan?
This answer will vary by state and depends on the situation. In one-action states such as California, if a lender foreclosed they cannot pursue the borrower further. If a first foreclosed the second is free to persue the borrower. In California the statute of limitations for collection of a debt is 7 years.
Are you responsible for the mortgage on the property that was left to you as an inheritance?
You are only responsible for the mortgage if you are willing to accept the debt. If you are not willing to accept the debt you simply allow the property to be entered into probate and foreclosed on by the lender. You are not responsible for any monies owed regarding said property even if it was "willed" to you unless you choose to do so.
Can a mortgage debt from foreclosure be leined against a vacation home?
The answers on this depend greatly on the state the home is in, whether or not the home that was foreclosed was an investment or primary residence, and what type of mortgage debt you're referring to. If you can clarify these points I will be better able to answer your question. No matter what the answer, no lien can be placed on your other property without a court judgment. Whether or not the mortgage company can take you to court over the debt is what depends on the facts mentioned above.
Are adult children liable for parents mortgage debt?
No, not as long as they didn't co-sign the mortgage. However, if the parents have died and their property is subject to a mortgage the lender will foreclose on the property if the mortgage isn't paid. If the heirs want to keep or sell the property they must keep the mortgage payments current.
Are you debt free if you have a mortgage?
No. You are in debt as much as you still owe on the mortgage.
Is a home mortgage debt considered a federal debt?
No. A federal debt is a debt that is owned to the federal government. A home mortgage is a debt that is owed to the lending agency, be it a bank, a mortgage company, etc.
Are you liable if your spouse has a foreclosure but your name is not on the loan or the final deed when it was signed back to the bank?
The liability in foreclosure comes from the responsibility for the mortgage debt. Regardless of your legal ownership or interest in the home, you do not have liability for the mortgage debt if you are not a party to the loan (did not sign). The home is the collateral for the loan and can be foreclosed and sold as recourse when the loan goes into default. While everyone who has an interest in the home loses their rights to the home when it is foreclosed, the liability for the loan and any negative actions associated with that (collections, lawsuits, negative credit reporting) belong solely to the signers on the loan.
Where is it possible to get a debt consolidation mortgage?
You can get a debt consolidation mortgage from mortgage brokers, commercial mortgage bankers, commercial banks, credit companies, online lenders, savings and loan associations.
Can the IRS withhold your refund if you recently had your house forclosed on?
The IRS cannot withhold the refund if your house is foreclosed on. However, if the mortgage debt forgiveness results in the IRS treating you as having more taxable income, it may reduce or eliminate the refund. If you've recently been foreclosed on, talk to a tax professional to see if it will affect your tax refund.
What is your obligation to debt of your current spouse?
our house is under my husband's name and it is about to be foreclosed. will lender come after me later for any unpaid debt?
