Legal Question in Wills and Trusts in Colorado

estate law

my father past away last July I lent his estate $60,000 to pay the mortage. Can I put a lien on the home and who get the money if it forcloses with a mortage on it?


Asked on 6/04/08, 11:06 pm

1 Answer from Attorneys

Re: estate law

There is a good deal more information needed to properly answer that question. Is there any proof of the loan? That, and the nature of the proof, will dictate whether you can put a lien on it. If the mortgage company forecloses on it, and you are able to put a lien on it, your lien will be in second position (assuming there are no other liens on it - if there are, liens are paid in order of priority which generally means the first filed is the first paid). This means that when the house is liquidated, the mortgage company will get all of their money and costs and fees first. Anything left will next pay you off. If there is sufficient money to pay them and pay you, the rest will go into the estate.

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Answered on 6/20/08, 7:20 pm


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