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Letting house go back to bank after owner's death

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CatGem

Junior Member
I am in Texas.

My mother has died leaving only a house with a mortgage on it. The value of the property is almost the same as the amount of the mortgage.

She left the house to me in a will which it will cost more money than I have to probate. Also, transferring the deed to my name and getting the house in sales-ready condition is not worth what might be made from the sale.

She is the only one listed on the mortgage.

There are no other assets. The only reason to probate the will at all would be to sell the house.

Since I am not listed on the mortgage nor on the house, would there be any legal ramifications to me if I just stop making the mortgage payments and let the bank foreclose on the house?
 


tranquility

Senior Member
I am in Texas.

My mother has died leaving only a house with a mortgage on it. The value of the property is almost the same as the amount of the mortgage.

She left the house to me in a will which it will cost more money than I have to probate. Also, transferring the deed to my name and getting the house in sales-ready condition is not worth what might be made from the sale.

She is the only one listed on the mortgage.

There are no other assets. The only reason to probate the will at all would be to sell the house.

Since I am not listed on the mortgage nor on the house, would there be any legal ramifications to me if I just stop making the mortgage payments and let the bank foreclose on the house?

You do not have a duty to open probate for the house. There should be no legal ramifications if you don't. If someone else does, disclaim your inheritance and still no legal ramifications.
 

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