Legal Question in Wills and Trusts in Virginia

liens on property

Since deceased deedholders left property that has liens on it, with no will, can their legal heirs return property, which is not paid off yet, to the mortgage company that currently owns property? The heirs cannot afford to pay off liens, and they are willing to return debted property back to mortgage company. Second question: if heirs make payment arrangements to pay off liens, it will take years, house will be paid off in 1.5 years, can lienholders still attempt to sell property at payoff?


Asked on 6/25/09, 10:56 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: liens on property

The heirs would need to first determine whether

the mortgage company would be willing to accept these properties back in return for extinguishing the liens.

Any such payment arrangements as have been referenced would need to be done pursuant to a written contract which would be written in such a manner as to foreclose the possibility of such a sale by the lienholder as has been suggested.

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Answered on 7/03/09, 12:21 am


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