Q: My mother passed away on 6/22 (no will) . I filed probate received real estate affidavit contacted mortgage co.

A: When the owner of real property in Virginia dies intestate - without a will - title to the real property "drops like a stone" into the names of the heirs. Property inherited by heirs does not pass free and clear of liens or security interests. The heirs take the property subject to all the existing mortgages, deeds of trust, judgment liens, and encumbrances.

A mortgage company is required to deal with the heirs under the Garn-St. Germain Act, and the federal regulations enacted under its authority. Typically, the mortgage company wants to see proof of death of the mortgagor, and perhaps more to demonstrate ownership by the new owners. The heirs are entitled to make payments on the mortgage loan in order to keep the property for sale or retention.

Most deeds of trust in Virginia provide for a right of reinstatement. This means that the owner or subsequent heirs can cure a default and acceleration of the maturity of the note by paying the past due payments, costs and fees to bring the loan current.

Anyone facing foreclosure in Virginia should consult with an experienced Virginiad creditor-debtor lawyer.

A: I am having some difficulty deciphering your situation. If the $18,000 if the balance of the accelerated loan caused by the default, and the foreclosure was filed because the bank didn't recognize you as the title owner, it's a fairly small problem, and a lawyer can get it solved often with a phone call. If the $18,000 is due because you haven't paid the mortgage note in five months, it's a bigger problem. The mortgage didn't evaporate on your mother's death unless she had credit life insurance. If you are in breach of the note, you need to negotiate getting back on track or refinance the loan immediately. Either way, a competent lawyer could help save your home.