Home Selling in 85360>Question Details

Barbara, Home Seller in 85360

Mother passed away & I inherited the house there was a lean on the house for a hospital bill from 2001 could we keep the house without paying the

Asked by Barbara, 85360 Sun Sep 25, 2011

lean The bill was to Mary Washington hospital it is $25,000 and we didn't know about the bill until we went to sell it.

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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.
1 vote Thank Flag Link Mon Sep 26, 2011
good evening barbara....call a local title company and ask them to do a title search on the home....once you receive it, ask the title company if the search shows you as the rightfull owner..then, counsult an attorney, preferably a credit collection attorney....the staute of limitations in michigan is 6 years to collect a debt of that type......if the bill was paid, then ask the creditor to file a release of lien and then (you) have it recorded at the register of deeds..if it isn't paid, the attorney will coach you from there...if any creditor persues remedy through the michigan courts and cannot collect..they can file a lien against the home, and actually take the documentation to the register of deeds and foreclose..even if the origional debt was soemthing other than a mortgage..
best regards.
bob mcclure
0 votes Thank Flag Link Mon Sep 26, 2011
This is usually an estate question that should be answered by an estate attorney. Does your Mother have a will with an attorney. If so ask this attorney for advice.
Web Reference: http://bradbergamini.com
0 votes Thank Flag Link Mon Sep 26, 2011
Dear Barbara:

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
HomeSmart Realty
Web Reference: http://ArizonaHomesLand.com
0 votes Thank Flag Link Sun Sep 25, 2011
Hi, typically all liens ahve to be paid off at closing...

0 votes Thank Flag Link Sun Sep 25, 2011
Dear Barbara,
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.
0 votes Thank Flag Link Sun Sep 25, 2011
Barbara you would have to ask an attorney of the lien is valid, and if it should remain on the house after death. You will have to see if your mother signed it or if teh lien was obtained through teh court. Good luck working things out, sorry to hear about your mom.
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Sun Sep 25, 2011
This is absolutely a question for an attorney.

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
480-422-5095 direct

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
0 votes Thank Flag Link Sun Sep 25, 2011
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