Summary
Heirs in North Carolina can sell a mortgaged house by paying off the mortgage at closing. Key steps include obtaining a death certificate, going through probate, and drafting a sale agreement. While its possible to manage the sale without a lawyer, hiring a real estate attorney can ensure compliance with legal requirements and smooth the process.Full Conversation
If a house is under mortgage would Heirs be able to sale it?
Hi ****! To provide you with accurate information, could you please let me know your location (state or country)? This will help in determining the specific laws that apply to your situation.
Nc
Hi ****,
In North Carolina, heirs can sell a house under mortgage, but they need to handle the mortgage debt. Here are the steps:
- The mortgage must be paid off at closing.
- The proceeds from the sale can be used to pay off the remaining mortgage balance.
Would you need more details on this process?
Yes
Sure, ****! Here are more details on the process of selling a house under mortgage by heirs in North Carolina:
- Obtain a copy of the mortgage statement to know the outstanding balance.
- List the property for sale and find a buyer.
- During the closing process, the mortgage lender will be paid off from the sale proceeds.
- Any remaining proceeds will go to the heirs.
Would you like to know about any specific legal documents or steps involved in this process?
Yes
Hi ****,
Here are the specific legal documents and steps involved in the process of selling a house under mortgage by heirs in North Carolina:
- **Death Certificate**: Required to prove the original owner’s death.
- **Probate**: The estate must go through probate to transfer ownership.
- **Mortgage Payoff Statement**: Shows the remaining balance on the mortgage.
- **Sale Agreement**: Contract between heirs and buyer.
- **Closing Documents**: Includes deed transfer and payoff documents.
Would you like more detailed information on any of these steps or documents?
Yes
Hi ****,
Here is more detailed information on the key steps and documents:
- **Death Certificate**: Obtain from the vital records office.
- **Probate**: File a petition in probate court to prove the will and transfer ownership.
- **Mortgage Payoff Statement**: Request from the mortgage lender.
- **Sale Agreement**: Hire a real estate attorney to draft it.
- **Closing Documents**: Includes deed transfer, title search, and settlement statement.
Would you need assistance with any specific step or document?
Would I need a lawyer?
Hi ****,
While it's possible to handle the sale without a lawyer, hiring one can ensure the process goes smoothly and all legal requirements are met. A real estate attorney can assist with probate, drafting the sale agreement, and closing documents. Would you need help finding a real estate attorney in North Carolina?