QUESTION

WE HAVE A 2ND MORTGAGE THROUGH A PRIVATE PERSON. THIS PERSON AND HIS WIFE HAVE SINCE DIED (WE FOUND OUT THROUGH OUR OWN INVESTIGATION). OUR LAST TWO PAYMENTS HAVE GONE UNCASHED. HOW DO WE FIND OUT HOW TO GET THE MORTGAGE LEIN CLEARED AND/OR WHO TO MAKE THE PAYMENTS TO?

Asked on Feb 16th, 2011 on Real Estate - Florida
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WE HAVE A 2ND MORTGAGE THROUGH A PRIVATE PERSON. THIS PERSON AND HIS WIFE HAVE SINCE DIED (WE FOUND OUT THROUGH OUR OWN INVESTIGATION). OUR LAST TWO PAYMENTS HAVE GONE UNCASHED. HOW DO WE FIND OUT HOW TO GET THE MORTGAGE LEIN CLEARED AND/OR WHO TO MAKE THE PAYMENTS TO?
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Advertising and Marketing Attorney serving Pilot Point, TX at Law Office of Lisa Renee Wilcox
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First, with respect to whom you should make the payments you will want to check the court records in the county and state where the individuals last resided to see if there is a probate filed.  You will want to contact the personal representative of the estate to determine where and how the payments should be made.  If there is not a probate filed then in order to clear the lien from your property, you will eventually need to consider filing a lawsuit.  Particularly if you are planning to sell your house in the near future. I recommend that you contact an attorney to assist you with this process.  
Answered on Apr 07th, 2012 at 10:44 AM

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