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    katerry's Avatar
    katerry Posts: 1, Reputation: 1
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    #1

    Jul 28, 2009, 01:39 PM
    Mortgage responsibility for estate
    Before my Mothers death, she Quit Claim deeded the house to me. There was still a mortgage on the house. As the executor of her estate, can I continue to make the payments from the proceeds of her estate until the property is sold? Is her estaqte not still responsible for the mortgage payments until the property issold? Thanks Ken
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jul 28, 2009, 01:43 PM

    Her estate is still responsible for the payment of the mortgage and if you contact the mortgage company, they will surely work with you until such a time as the house can be sold and they can get all of their money.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jul 28, 2009, 03:11 PM
    Quote Originally Posted by katerry View Post
    Before my Mothers death, she Quit Claim deeded the house to me. There was still a mortgage on the house. As the executor of her estate, can I continue to make the payments from the proceeds of her estate until the property is sold? Is her estaqte not still responsible for the mortgage payments until the property issold? Thanks Ken
    How did you become executor of the estate? Did she leave a will, were you named as executor in the will, and have you applied to the probate court to be named executor?

    The reason I am asking is that a pre-death quitclaim seems like a cart-before-horse way of doing things. Are there assets other than the house that passed through the estate?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 28, 2009, 04:54 PM

    I see a lot of issues since a new deed doing a quitclaim will make the mortgage due and payable at once.
    So as soon as you go to file and use it, you have to write the mortgage company a payment for the entire mortgage ( normally)

    So I am not sure the validity of the deed if you can't pay the mortgage off.

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