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Will the bank take back the house?

My parents are both deceased, dad died in February of this year and mom in 2012. They owned 2 houses, the house they lived in and a house they rented. The house they lived in was sold but the rental is not in the best location and despite repairs, landscaping and staging is not selling. It's next to a graveyard and it's also upside down on the mortgage. Since the house is legally in the name of the estate, how likely is it that the bank will accept the deed in lieu of foreclosing, kind of like a short sale in reverse? Any suggestions for unloading the property without having pay it off which we can't really afford to do?

8 Answers

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  • 6 years ago

    You are not obligated to pay off your parents' house. Debts do not pass to family members. However, your parents' estate must pay it off. Foreclosing transfers the deed back to the bank/lender. What you are suggesting does not really make sense. They ARE going to require that any deficiency owing is paid from the estate and it will be the responsibility of the executor to pay it.

    Source(s): Certified Paralegal, with 25+ years' experience.
  • Judy
    Lv 7
    6 years ago

    If there's not enough in their estate to pay their bills, the bank will just take the house. But any money that's in the estate must be used to pay their bills before anything is distributed to their heirs.

  • tro
    Lv 7
    6 years ago

    the estate takes care of the assets and obligations

    the executor should see to it that all the property and assets are appropriately settled before any distribution to heirs

    the sale of the residence should have taken care of the rental balance to make it available to sell by the estate

    you as heirs and beneficiaries are not responsible, the estate is but if you are executor and have not planned well, you have a problem

  • 6 years ago

    They may accept deed in lieu, executor of estate wshould contact them.

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  • ?
    Lv 6
    6 years ago

    best option for the bank is shortsale....best option for your fathers credit is who gives a sh=i_T best option for you is rent...even better is rent - to own...it in good shape

  • ???
    Lv 7
    6 years ago

    You will have to talk with the mortgage company. You may be able to refi ...

  • Biff
    Lv 7
    6 years ago

    since the owners are deceased, the debt is not your problem, if you can't sell it

  • LILL
    Lv 7
    6 years ago

    You need a VERY good attorney.

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