My husband was left his fathers house and the estate is still in probate. We live in florida and the lawyer had told my brother in-law that creditors only have three months to file a claim against the estate. There is still a mortgage on the house. My brother in-law is trying to tell my husband that we don't have to pay off the mortgage since the mortgage company didn't file a claim against the estate. I think he is wrong and we are obligated to pay the mortgage.
Answer
The mortgage is a lien against the property and the failure of the mortgage company to file a claim in the Estate may jeopardize their entitlement to a personal judgment against the Estate in a foreclosure action. They do not lose their lien against the property. It is still enforceable.
Answer
You are correct.
No comments:
Post a Comment