mymother deeded a lot with a house to my husband and i, however there is a loan in her name on the house, so do we just pay her payments or can it be foreclosed on since the loan is in her name and the property deeded to us?
Answer
Assuming your mother had some equity in the property, she was probably able to pass something to you and your husband. The lein holder lender, may have a claim worthy to foreclose of the loan is not paid. There are cases that do both way sas to wehther they ahve a right to foreclose before the loan is in default. But, in thes hard economic times, many lenders just want the money. They problaby won't care that you are the one making the payments, as long as they are getting their money.
If you can afford it, it might be worthwhile to purchase title insurance, or at least a title statement. There may be other liens that you and your mother did not know about. It coudl be that she had no equity (owes more than the property is worth), so she din;t really pass anything of value to you.
Good luck
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