Home Equity Loan

My mother dies in NY state while owning a home, I was never on the mortgage, am I responsible in anyway?

I live in California, mother bought home 4 years ago, has a equity loan over the value of the home including mortgage. Lender is seeking me to pay since my mother died last year. I was never on any loan, can I be responsible

Public Comments

  1. I am sorry about her passing. While you are not responsible, your mother's estate is responsible for it. You should consult a lawyer because it should be part of closing out the estate.
  2. Your mother's estate has been settled by the probate court in New York? The estate has to settle all claims against it during probate. I assume the lender was notified of the probate process. You are not responsible for that payment unless you inherited that house and the court made you sole owner.
  3. absolutely not sorry about your Mom..its not easy to get over, I know. Lenders are out of thier minds trying to recoup the millions of $$$ they have lost. Your name ios no where listed then is is #&*#^&* !!!! Tell him you will seek damages for harrassment after your Moms death and it caused you stressful grief and you could not morn in peace..Tell him to bring it on cause he will lose. My Mom would say"idiot'...
  4. Good Lord. Probate should have been started/open a year ago... Did her personal representative never do so??? What happened with the home? Although many people think if you have a will, you don't need probate, that is not necessarily true, ESPECIALLY if there are assets, such as real estate and also debt. Contact the personal representative & get probate started if it hasn't been. If you are, you need to contact a probate attorney in the state she resided in (New York?). Part of the probate process is the "Notice to Creditors" period. This is when the mortgage holder would have to step up & claim they are owed funds from the estate. If the estate does not have sufficient assets to continue the loan payments, the home will need to be sold or foreclosed upon. http://www.1800probate.com/probate-lawyer/new-york.html
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