Inheriting a house with a mortgage or liens

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If a home in a probate case has a mortgage, the payments must still be made, taxes and insurance paid, and other utilities kept current. If the house is sold, the mortgage and other liens must be paid from the sale proceeds. 

In some cases, if the executor or an heir does not want to sell the property, he or she can assume the mortgage. This is a complex process and whether it is possible to assume the mortgage depends on the bank and whether the heir qualifies for the mortgage. 

Executors and family members are often under the mistaken belief that the mortgage company will not foreclose if the property is involved in a probate case.

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