Ooltewah, TN asked in Foreclosure, Real Estate Law and Probate for Tennessee

Q: Foreclosure auction trying to buy from daughter of deceased 5 years, but not sure if can get clear title?

I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate Court.This Will hasn't ever been filed anywhere though, just notarized Last Will and Testament of the deceased. Seller has 5 siblings scattered across country and none apparently get along or stay in contact. She lived with mother prior to her death and has been paying the mortgage since, but has fell behind on payments. Just wants payoff for the mortgage.. Auctions in a week, but scared I could lose 8700$, if bring the mortgage current to avoid the auction, to have enough time to buy or transfer deed or whatever. I haven't bought and sold tons of homes, so this is new to me. Would I be able to get a clean title and is she legally able to sale the property to me without probate court and all that?

2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.

Anthony M. Avery agrees with this answer

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Since the will was not probated, it has no effect. The heirs own it subject to the debt, but you do not know who the heirs are. I suggest you stay away from this, because at best you will have a bad title which you do not know how to cure, and would probably lose the home later (once the debt is current).

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