Legal Question in Real Estate Law in Arizona
My father died without a will. I was told by his mortage company that I needed to be appointed as his executor. Since his estate was less than $50,000.- I applied to becoume the personal representative of his estate. I did do this and now the mortage company says if I don't assume the remaining balance I need to sell or rent out his mobile home to cover the remaining mortgage of $30,000. They refuse to renegoiate the loan and no one in my family wants to assume the loan balance. Can I give the mobile home back to the mortage company. I asked the mortage company about any insurance that was on the home and they are unclear or don't want to devulge any more information. Can I give the home back to them or will they come after me for the balance owed by my father?
1 Answer from Attorneys
I am sorry that you have been misled by this "mortgage company." They should not have been practicing law. In AZ, if the estate was less than $50k, then the assets of the estate can be passed to your father's heirs (determined by state law). This is a mobile home and any loan against it will be treated the same as a car loan, since a mobile home is licensed by Motor Vehicles. The lender has a lien, but they cannot come after you for payment of the balance owed. They have caused you to spend money for no reason to apply for appointment as personal representative of the estate, and they should be liable to you for repayment of those costs. If no one wants to own the mobile home, you could transfer title to the lienholder, but I strongly suggest that you hire legal counsel to make sure that this is done properly or to help you sort out whether the mobile home is worth more than the sum owed on it, and what are the liabilities accruing for space rent, utilities, insurance, maintenance, etc.
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