What liability is there in signing the deed for a property, especially one heading into foreclosure?

I am receiving a house with the death of my mother subject to the mortgage. We would like to sign the deed but worry that later we may not be able to obtain the mortgage. The property would be lost if we don’t obtain a mortgage and we would be forced to sign a quit-claim returning the house to the estate. A VA inspector may not approve due to water damage on the outside and inside around the kitchen sink, bathroom shower and tub. We have been living in the house for the last 10 years. The executor of the trust would rather we don’t get the house so there is no help coming from them.

Asked on July 30, 2012 under Estate Planning, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IS the house in a trust or is the house in the probate proceeding?  I think that you need an attorney here.   Generally speaking, when you inherit the property from an estate proceeding you inherit it subject to the mortgage (as you seem to know) but the lender can not call the mortgage in, meaning you get to keep paying it until it is paid off.  Are the trust terms different?  Please get help.  Good luck.

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