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That depends on several factors, the main one being the state probate laws, if there was a valid will, how the property is titled, and if the deceased had any outstanding debts.

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โˆ™ 2005-11-29 19:40:56
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Q: If the mortgage on a house is paid do you still have to take it through probate?
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Related questions

Do you still owe the house when you enter to reverse mortgage?

You still own the house if you have a reverse mortgage, yes.

Do we have to go to probate for someone to buy her house.Your grandma died 10 days ago without a will She has a house she owed on on and a vehicle she was still paying on What happens now?

Without a will, her estate will have to go through probate.

Can a co executor sell a house that is still in probate and possible a pending forecloser?

With the permission of the court, certainly. And you can't get out of probate until something is done with the house.

House was repossess can you still get a mortgage?

it is quite unlikely that you will be able to get a mortgage lender with that history.

If your mom died leaving a mortgage how can you transfer the mortgage over into your name?

I am so sorry your mother passed away. If you are executor (male) executrix (female) or heir in the Will, then it will go into Probate. Probate makes sure all debts are paid for before the heirs (such as yourself) receives the balance of the Estate. You must contact a lawyer to do this and they will be sure that all debts, mortgages, etc., are paid off and the Probate is finalized. If the mortgage is more than the monies left in your mother's Estate you still have to go through Probate so all bills are paid off, get the total amount your mother owes (hopefully you will get some money) but should her debts be more than what your mother had left in total, then you will have to go to the banking institution after Probate and take a mortgage out on that property. Be sure you have been left in the Will. If your mother has divided the Will between siblings or any other persons then I am afraid you will have to discuss the fact you want to buy the house. EXAMPLE: If the house was bought at $200,000 and your mother has a mortgage left of $60,000, and she owes taxes and other debts then unless she has other stocks/bonds/savings accounts, etc., to pay these bills off, the house will have to be sold to pay off these debts. This is when you could go into your banking insitution and ask to take over the mortgage on the house (providing the other heirs are in agreement) which I am sure they will be. Good luck Marcy

Your mother just died and has a mortgage on the house do you need to pay the mortgage when you sell the house?

Of course! The money is still owed to the bank and you cannot legally sell it without satisfying the mortgage.

Can you put a house with a mortgage in a trust?

Yes. There are almost no obstacles if you still own and live in the house after.

Can the personal representative sell the deceased's house if the estate is still in probate?

NO, the Court must clear the Probate with an Order of Formal Administration prior to selling the home.

If you have a will does it still go to probate?

Yes, your will must go through the probate process. That makes sure all of the legal requirements are met and taxes paid.

How much equity does Lisa have in her house if Lisa's house was appraised at 115000 and she still owes 42000 on her mortgage loan?


Lisa's house was appraised at $115000. She still owes $42000 on her mortgage loan. How much equity does Lisa have in her house?


How long can a executor hold property in your house to probate?

Probate can be a long process. At a minimum it will take about 4 months. There are some estates that are still open after decades of work.

Does life insurance still go through probate if your name is the beneficiary in NH?

That is the beauty of life insurance~! With a properly named beneficiary there are no taxes and it avoids probate!

Do you still have to pay back your mortgage if your house for sale?

Of course. Until you pay off the mortgage loan, you have to pay payments on the home.

Can a house with a mortgage be willed to someone upon death?

Yes, but the mortgage will still have to be paid or the bank will take possession of the property by foreclosure.

What can you do with the contents of a house that was left to us in a will but is still under probate?

Don't do anything. The property left to you does not legally become yours until such time as the deceased's will has completed the probate process.

Who has to leave the house when a legal separation is taking place and who is responsible for paying the mortgage?

You can be separated and still live in the same house. No one has to move.The mortgage payment is made by the person whos name is on the mortgage. If it is in both names you are both responsible.

Husband-and-wife buy a house together the wife's name is not put on the deed until the second mortgage but the second mortgage is now paid off do we still share the deed of trust?

If a husband and wife buy a house together and the wife's name is not put on the deed until the second mortgage, yes, the deed is still shared after the second mortgage is paid off.

You got divorced and left the ex stay in the house with your name still on the mortgage she abandoned the house and quit paying the mortgage can you legally move back into the house?

if the mortgage is in your name then keep paying it off. if the mortgage is in both names of you and your ex then contact the finantial institution for advise so you dont have trouble later down the track with your ex claiming half when the house is paid off.

What types of fees are associated with getting a cash advance on my inheritance while it is still in probate?

For Heirs Who Want Advance Inheritance Cash Quickly & Securely: Probate Cash ... form of a house and property only, with no cash, can we still apply for a Probate Loan? ... What court fees and legal costs are associated with Probate? .... The inheritance advance took my focus off money. Instead of getting further ...

Your husband has the mortgage in his name only we also have mortgage insurance and we have the deed in both of our names if he dies would the mortgage company get the house or would the wife?

The mortgage insurance you are referring to is most likely the standard mortgage insurance that is on a loan above 80% of the value of the house. This MI covers the lender in case of the borrower defaulting on the loan. It does nothing to help the borrower. If you are on the deed then you still own the house if your husband dies but if you cannot either refinance the mortgage or continue to pay the monthly payments then the lender will ultimately foreclose on the house and repossess it. What you need is a life insurance policy that will pay off the balance on the mortgage in case of the death of the mortgage holder.

In a judicial sale of a house are you still responsible for any mortgage left on the property or is that foregone with the sale?


What if sale of a house after a foreclosure doesn't cover the mortgage amount?

Then you still owe money to the bank.

If mom left house to granddaughter in will do you still have to go through probate?

Probably. The existence of a valid will does not avoid the need for a probate proceeding. In fact, the will functions as instructions to the probate court as to (a) who will administer the estate (the executor or, in some states, personal representative), (b) who will receive property, and/or (c) who will have priority for appointment as guardian of the decedent's minor children (or, in some cases, adult incapacitated children or spouse).If the house in question was titled to the decedent alone at the time of death (that is, was not held in joint tenancy or by a trust or similar arrangement), then a probate proceeding will probably be required to determine the successor to the property. If the value of the property is not large, some states may permit a summary probate proceeding to convey title, but the proceeding is still a probate (albeit simpler).

What happens to your mothers mortgage if she dies and you are her cosigner but not on the deed?

The short answer is, nothing good. As a co-signer, you are still responsible for making sure the mortgage payments are made in full on time. However, you should talk to the bank that holds the mortgage to see what you need to do, particularly if the title of the house doesn't come to you through the will or settling of the estate.