Can you keep the house without paying the lean? Yes, probably. As others have said, I'm not an attorney so checking with one can't hurt. Selling the house will require any liens be cleared. A Title company would investigate to establish that the lien was properly placed and assuming it is, the hospital may also request interest or collection charges. If this is the only lien on the property, they could eventually foreclose to collect, but until that action you could probably keep it.
I am sorry to hear about your mother's passing.
There is not enough information in this open forum to answer the question completely. You should review the matter with your Realtor and /or attorney about selling the home and the outstanding lien on the property.
The hospital may be willing to settle on the debt owed with your mother's passing.
However, for a new buyer to take ownership of the home you are selling, the previous liens will have to be satified.
You should have your attorney read the lien document and offer an opinion. Feel free to contact me with any questions.
Jeff Masich, Realtor
I am sorry to hear about the lean, The general rule is that seller must satisfy all lean before closing. I would talk to a real estate attorney about any lean to find out whether it is valid or not.Good luck.
You may want to research the recorded lien to be sure it is still in effect. The lien-holder needs to renew the lien & this is not done within the proper timelines, it may be void.
This is something an attorney can find out pretty quickly.
Good luck with everything,
Roswell Moore, CMPS
Certified Mortgage Planner
We are a Direct Lender, Mortgage Bank where we originate, process, underwrite, fund, and service our loans, in-house, FHA (starting at a 580 score), 203k rehab loans, HomePath, VA, USDA, Jumbo, and Conventional. NMLS ID 263779 | AZ BK 359295