Legal Question in Wills and Trusts in New York

Left Mortgages In Foreclosure

mom passed away right before closing on the sale of two of her 3 houses.Leaving those two houses in the will we decided to probate the will quickly to facilitate the process.our attorney advised we not make mortgage payments and just pay off all her debts.it has been five months and the houses have not closed.furthermore, we got summoned with foreclosure statements, in addition people are not paying their rents.In this whole mess all we want is to protect our primary residence (her 3rd house). this house is owned jointly with her ex-husband, the other half was left to her children. What can be done to protect this one house? is it in danger?


Asked on 9/23/02, 12:33 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Left Mortgages In Foreclosure

The house owned jointly is not in danger. The surviving joint owner now owns it all free and clear. As to the other 2 houses the executor owes a duty to see they are preserved for the benefit of the estate. Closing should be expedited, suits for rent should be brought and mortgage paid. Good luck.

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Answered on 9/23/02, 6:04 pm


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