Surrendering property

Kirstie70

Solved no help required

BitterAndTwisted

Why haven't the mortgage company ads the holder of the secured debt been consulted? It's my understanding that you inherit nothing until the mortgage has been settled? Until that happens I don't think you can strip the house of all its fixtures. Beware!

Of course, an objective observer might comment that as you have newborn and are far too busy to sell it you won't have time to make the property derelict either

RAS

The estate needs to settle all debts before dispersing the estate. The mortgage is still a debt secured on the estate.

Who is the executor?

Kirstie70

sorry i meant to say im the executor and want to hand the keys over to mortgage company

Kirstie70

they want me to continue paying mortgage which i cant afford as i have my own house to pay. also they are threatening to repossess so ive decided it would just be easier to hand over the keys, but was just wondering about the implications of removing fixtures

Kirstie70

I would pay to get the fixtures removed ofcourse, as the kitchen cost 5k and boiler was 1k. Bathroom was over 3k. Which my parents have paid for. It would be more beneficial to me to do this than to sell and end up with virtually nothing ....

Am i not withing my rights to removed any fixtures and then hand the keys over to mortgage to company..?

BitterAndTwisted

You are the executor, the mortgage can only be paid from the deceased estate. You do not have to pay them a penny of your own money. And you most certainly cannot make any mortgage-payments from this person's estate. Contact the Probate Office and ask for guidance if you need help. I've heard they are very approachable and will give you all the advice you need.

BitterAndTwisted

YOU CANNOT REMOVE ANYTHING EXCEPT THE DECEASED'S PERSONAL EFFECTS! If you do, you are looting! This property does not belong to you until you have concluded probate even if there's little in the way of assets. That is your legal responsibility.

BitterAndTwisted

Why hand he property back to the mortgage company? Have you had it valued? Thought about selling it at auction? You can't strip the bloody house because it is not yours. If you strip it and then "hand the keys back" you could be sued

Kirstie70

Im unsure what you mean... Can you explain looting? I am the excutor and i have the grant of probate. So the answer is no you are not allowed to remove fixtures?

Kirstie70

I was under impression i could take what they paid to have fitted. Ive had it valued, My late father did not keep up with mortgage payments ect.. its incurred over 10k in fees. They are going to reposess.. what is your advice...