Legal Question in Real Estate Law in Georgia

my father died in 2008 and at time of death had a $82,000+ mtg. with Citi Financial.

The house (located in Georgia) was in such disrepair that no one paid the mortgage or property taxes and in November 2011 it went to tax sale. I understand that the debt is no longer attached to the property. However I want to claim excess funds from the tax sale

(the lender never claimed them), but am told by the county that we need a cancellation of debt from the lender. Is there any likelihood that I can persuade the lender to cancel the debt as the borrower is deceased and the debt is no longer secured by the property?

thanks in advance for any opinion you can share


Asked on 5/05/14, 7:24 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

It is still a debt of the estate, so they have no incentive to let you have the money.

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Answered on 5/05/14, 7:27 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

When you bring it up the lender will probably remember to claim them

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Answered on 5/05/14, 7:34 am


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