If my mom died and she had a lien on her house to which I have survivor’s rights in deed, can the bank take the house?

UPDATED: Apr 12, 2012

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If my mom died and she had a lien on her house to which I have survivor’s rights in deed, can the bank take the house?

My mom passed over a year ago. The house will be in forfeiture in a matter of days. If I pay taxes and get house out of forfeiture, can the bank that has a lien on the house for a loan over ten years old take the house? The house isn’t worth much,; it was appraised at less than $13,000; it’s more sentimental than valuable.

Asked on April 12, 2012 under Real Estate Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the problems that have ensued.  I need to make things a bit clearer here to understand the chain of events and the status of property.  Did you ever probate your Mother's estate?  I am thinking no.  Under the law the bank can not call in the loan in the case of an inheritance.  In other words, as long as you pay the loan every month and keep it current you can continue until it is paid off and never have to refinance in your name.  Now the taxes are another story.  The county can foreclose on a tax lien.  So yes, get them up to date.  And yes, see if you can get the mortgage up to date.  I would speak with ana ttorney in your area and see what your options are.  Bring all paperwork. You will need to probate the estate as well. Good luck. 

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