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Creditors seeking payment from estate

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appleseed

Junior Member
What is the name of your state? New York
My mother died in Oct 2007 without a will. I have received the Certificate of Appointment of Administrator (me) in Feb 08. My mother and I lived in a co-op apartment which was listed in her name only both on stock certificate and mortgage. I still live in the co-op. She died with approximately $11,000.00 in credit card debt and not enough liquid assets to cover that bill. I am in the process of gathering information from the bank who held the mortgage (25k balance) on how I assume the mortgage and then ultimately apply to the co-op board to have the stock certificate put into my name. I informed the credit card of my mother's death. Neither my mother's estate (nor I ) have $9000 cash. I did make two offers to the credit card agency to settle the debt which were both rejected of $3000 and $5000. They are demanding payment in full. Okay, here is my question: Can a lien be placed on the co-op by the creditors? I plan to re-finance, and pay the debt, but I suspect no bank would re-fiance with a lien in place or a coop board would not approve my ownership with a lien in place.What is the name of your state?
 


moburkes

Senior Member
Hon, sorry about your mother.

You won't be able to assume this mortgage. You need a seller, and your seller would be the estate. The estate must clear any debts. However, the estate could sell the place to you but the debt will get paid out of the sale.
 
Remember, as administrator, you have responsibility for settling the estate and are subject to claims from creditors if you distribute assets (like the coop-op) without FIRST providing for debts.

Thus, you will need to sell the co-op to pay the credit card bills and the mortgage unless you can find the money somewhere/how to pay the credit card company off.
 

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