Legal Question in Wills and Trusts in Georgia

First of all, it's not even your house (until there is a probate). And at some point, the house will be lost to foreclosure. Since you haven't bothered with probate there's no way to even cut a deal with the mortgage company. You needed a lawyer a year ago. Get one ASAP. This will turn out horribly without counsel. It may possibly come out better with good legal help.

Attorney Ashman gives sound advice. I only add some other considerations about what is likely to happen here.

First, what is the property worth? How much is owed on the first mortgage? The second mortgage? How much equity, if any is in the property?

What other debts are there in your mother's estate? What other assets are there?

What are your plans for your mother's home? What, assuming title is in your name, do you want to do?

If there is a first and second mortgage, no equity and you do not live in the home, then don't pay and tell the bank to come and get it. The first mortgage lender will foreclose and the second mortgage will be wiped out by the foreclosure. The second lender may decide to sue your mother's estate but if there are no assets in her estate, that may not be likely. Of course, you will not have this home.

If you live in the house and want to keep the house and if there is some equity in the home then the logical thing would be to refi the home and get the mortgages combined at a favorable rate that you can afford to repay. However, this depends on what other debts and assets are in the estate. Heirs cannot receive anything until all the bills in the estate are paid and you would have to go through probate.

As a practical matter, if you do not listen to any advice and just stop paying, then in all likelihood, I can see the second lender just suing your mother's estate on the note rather than foreclosing unless there is substantial equity in the property. However, it is not unheard of for second lenders to foreclose so there are no guarantees here. If the sue rather than foreclose, they will recover a judgment if that happens which will be a lien on the property - you will not be able to sell the property until this amount is satisfied.

You really need to think about the property, what its worth and what you want to do. If you want to salvage the home, then you need to get up with a probate attorney now.