Posted on: 08th Jun, 2010 07:02 am
in 2005 my mother and i, single mom with two kids, purchased a house together and the house is paid in full. both our names were on the house at the time. she passed away in 2008 and willed me her portion of the house and currently just my name is on the house with the appraisal district. i tried to get a small $15000 home equity loan to pay some bills and fix up the house last week. i was denied stating the title company had my moms name by accident on the house. the house is worth $150,000 and my credit is excellent. i was very upset. i was then told my mother had credit card debt around $12000 where a judgment lien was placed on the house. what can i do? i was told the lien is not able to do anything being unsecured debt and she is deceased. how come i am unable to get a simple loan since i have a good job and good credit? how can i get around this and set aside the judgment in order for myself to get a loan?
Hi dwhitney,
As far as I know, no other person is responsible for the debt of a deceased if any of the debts has not been cosigned by the other person. The creditors can however put lien on the property of the deceased. Again, if this property is jointly owned, then they cannot put a lien against such property. Moreover, in your case the house is in your name only, so you are in no way responsible for your mother's debt. The creditor's are not supposed to put a lien against the property owned by you. You can consult an attorney regarding this.
Thanks,
Sandra
As far as I know, no other person is responsible for the debt of a deceased if any of the debts has not been cosigned by the other person. The creditors can however put lien on the property of the deceased. Again, if this property is jointly owned, then they cannot put a lien against such property. Moreover, in your case the house is in your name only, so you are in no way responsible for your mother's debt. The creditor's are not supposed to put a lien against the property owned by you. You can consult an attorney regarding this.
Thanks,
Sandra
I just found out yesterday that both my deceased mother and myself are on the title of the house we purchased together in 2005 still and she willed me over her portion of the house. The lien is for her debt and because of this the bank denied me getting a home equity loan for $15,000 even though I have great credit. I was very upset. They stated I could not take a loan until the judgment is satisfied making me feel I would have to sell my home that I have invested time and money into and if I choose to sell in 10 years lets say, then they will take 12,000 plus interest which would be ridiculous seeing its not my debt. Gotta love it. What a load of crap this is. I am hiring an attorney.