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Updated 4 months ago on . Most recent reply

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Palmer Thomas
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Bought a house with seller financing. Now the seller (mortgage holder) has died.

Palmer Thomas
Posted

I purchased a house a couple of years ago and a portion of the purchase price was done with seller financing.  The seller holding the mortgage recently passed away.  I was contacted by his ex wife and son.  They are supposed to send me all the legal documents needed to transfer the payments to whomever is inheriting the mortgage.  Is there anything specific I need to be on the lookout for or anything I should do to make sure I'm legally covered?

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Ken M.#4 Real Estate Horror Stories Contributor
  • Investor
  • San Antonio, Dallas
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Ken M.#4 Real Estate Horror Stories Contributor
  • Investor
  • San Antonio, Dallas
Replied
Quote from @Palmer Thomas:

I purchased a house a couple of years ago and a portion of the purchase price was done with seller financing.  The seller holding the mortgage recently passed away.  I was contacted by his ex wife and son.  They are supposed to send me all the legal documents needed to transfer the payments to whomever is inheriting the mortgage.  Is there anything specific I need to be on the lookout for or anything I should do to make sure I'm legally covered?

There should be a directive of inheritance from the probate court. Anything you pay outside of that can be challenged.

I would make that payment into a dedicated bank account until you get the necessary paperwork.

If the deceased had a Trust, follow the Trust. If the spouse is named on the seller finance agreement, make the payment to them. Take note that a Will needs to be probated, a Trust does not. They are very different.

Probate and succession vary by state, so contact a probate attorney in the state the property is in for further details.

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