Legal Question in Real Estate Law in California

Selling deceased parents' home

My mother passed away almost a year ago. Her house was paid off but there is a no interest loan that is to be paid after her death or at the sale of the property. Do we have to sell the house soon or can we wait for another 6 to 8 months.


Asked on 9/18/08, 10:06 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Selling deceased parents' home

The no-interest loan (I'm guessing) is a city, county or state rehab loan? As such, your question is really better posed to whomever holds the loan. Yes, every one of these rehab loans I have ever seen does contain a clause requiring repayment upon the death of the borrower or the sale of the unit. The lender may, however, be willing to forebear if you have a good reason for waiting. If its going to take 6-8 months to sell the home and repay them, they should be willing to work with you, but its up to them as it is technically due now.

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Answered on 9/19/08, 11:54 am


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