Question about closed estate

[fitnesspt63]

What is the name of your state (only U.S. law)? NC
Ok I will try to make this short. My mom died in 2004 I put her rental house in my name and sent the info to the mortgage company. They sent me a package to put the loan in my name but I never did I paid it for as long as I could. I closed the estate years ago and now I have quit paying the mortgage because I can't afford it. They keep sending my mom letters saying they are going to foreclose or do a short sale but when I call either they will talk to me or they won't saying I haven't sent the paperwork in (which I have 3 times). My question is the estate is closed someone told me the mortgage company might have screwed something up and I might be able to get rid of the loan is this true? and can they foreclose when the estate is closed and the house is in my name? Thanks for any info

 

[anteater]

Yes, they can foreclose.

 

[nextwife]

What is the name of your state (only U.S. law)? NC
Ok I will try to make this short. My mom died in 2004 I put her rental house in my name and sent the info to the mortgage company. They sent me a package to put the loan in my name but I never did I paid it for as long as I could. I closed the estate years ago and now I have quit paying the mortgage because I can't afford it. They keep sending my mom letters saying they are going to foreclose or do a short sale but when I call either they will talk to me or they won't saying I haven't sent the paperwork in (which I have 3 times). My question is the estate is closed someone told me the mortgage company might have screwed something up and I might be able to get rid of the loan is this true? and can they foreclose when the estate is closed and the house is in my name? Thanks for any info

You are confusing their rights as the lienholder with their rights under the note. They cannot hold you or the closed estate responsible for unmade payments, but they can foreclose and take the collateral which is secured by their mortgage if the loan defaults. You took title SUBJECT TO their prior mortgage. Changing title does not eliminate their rights as lienholder,

 

[nextwife]

IF you are in title, you could refinance to a lower rate, and maybe LOWER MORE AFFORDABLE MORTGAGE.