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Foreclosure Of A House That Is Held By An Estate

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  • 09-11-2007, 02:53 PM
    JRenee
    Foreclosure Of A House That Is Held By An Estate
    My mother passed away 18 months ago and my brother and I are co-administrators of her estate. She had a house (that due to illness, she could never live in). It was a house that had belonged to her mother, who had passed away four years earlier.
    The house was sold by my mother's siblings and was never cleared or cleaned out. Although my mother lived in the house she paid the mortgage consistently and since her death, my brother and I continued to pay the mortgage too. We also spent a lot of time trying to clean the house out to get it to the point of where it was livable and sellable.
    We are now at a point where we can no longer pay the mortgage and the house is now in foreclosure status.
    My question is if the house is under the name of "The Estate of Jane Doe" (substitute for my mom's name), will it affect me and my brother's credit?

    We actually used the money she left us from her insurance policy to pay the mortgage and bills for the house - but neither of us are in the position of having funds to continue paying for the house.

    I live in the state of Michigan.

    I'd appreciate any information/advice, thank you!:wallbang:
  • 09-12-2007, 11:27 AM
    Mr. Knowitall
    Re: Foreclosure Of A House That Is Held By An Estate
    If the mortgage is exclusively in mom's name, the foreclosure shouldn't affect anybody else's credit.

    Allowing a foreclosure may constitute a violation of the administrator's fiduciary duties to the estate.
  • 09-12-2007, 11:51 AM
    JRenee
    Re: Foreclosure Of A House That Is Held By An Estate
    Quote:

    Quoting Mr. Knowitall
    View Post
    If the mortgage is exclusively in mom's name, the foreclosure shouldn't affect anybody else's credit.

    Allowing a foreclosure may constitute a violation of the administrator's fiduciary duties to the estate.



    Thank you for your response. As I mentioned, the mortgage is in the name of the estate.

    I don't feel that I am "allowing" the foreclosure, rather I don't have a choice because there's no money in the estate. Any monies that myself and my brother received from my mother's insurance policy, we used to try and keep the house afloat. It's just not feasible anymore to do that.

    Thanks again for responding.
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