Legal Question in Wills and Trusts in Oregon

messed up estate.

My sister and I inhearted a house with $40,000 mortgage,

my sister and I couldn't come up with the money to pay off

the mortgage, but the Executer of the estate refused to

sell the property, submited an afidavit stating that he

had delt with the outstanding debts and closed the estate.

then started threating to ''go talk to a lawer'' if I didnt imeditly write a check for the balance of the mortgage.

He claimed he had deeded the property to my sister and I

but when I went to apply for a loan I was rejected because I wasnt on the title. I got the problems with the deed worked out and was able to get a loan I could only qualifiy

for $60,000 so my sister got $10,000 and I got the house.

the deed of personal representive was corrected and re-recorded and the sale deed my sister signed was recored in June now I just recevied a deed of reconveyence from my deceased fathers mortgage co. that was recorded in October

Is this yet another complication or is the title still in my name.


Asked on 12/30/03, 2:19 am

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: messed up estate.

A "deed of reconveyance" from a mortgage company is proof that the mortgage was paid off. When you got your new loan, your father's old loan was paid off and the mortgage company signed and had the title company record the deed of reconveyance to clear the title.

Typically when a property is inherited, the people who inherit the property are able to keep the original mortgage on the property and not pay it off, so long as they keep making the payments on it. The estate is generally not required to pay off the mortgages on real property unless the will requires it to be done. The heirs get the property with all its encumberances.

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Answered on 12/30/03, 11:31 am


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