My mother is deceased and property is still in her name that I am occupying. I have been unable to keep up with the property taxes and it is now in

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My mother is deceased and property is still in her name that I am occupying. I have been unable to keep up with the property taxes and it is now in

foreclosure. Can I be thrown out and will they take the full value of te home or just what is owed in taxes?

Asked on June 15, 2009 under Real Estate Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Please, run, do not walk, to an attorney in your area whe does wills and estates along with real estate.  One place to find a qualified lawyer is our website, http://attorneypages.com

You can definitely be thrown out, if you allow the process to run all the way through.  And I don't know how the system works in your state, since I'm not a New York lawyer, but even if any equity could be gotten out, you would get a minimum sale price, and a lot of unnecessary added expenses deducted.  It makes a lot more sense to sell the property yourself.

That leads to the second problem:  your mother's estate needs to be set up properly so that you can deal with this.  And, any money that would come back from the foreclosure, right now, would go into your mother's estate, not to you.


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