Letting the house go back with a lien on the land

[amycnb777]

My jurisdiction is: Texas

My father passed away in June of last year. My mom cannot afford the mortgage anymore. The problem is that the bank has a lien on the land. What would we need to do or how would we go about getting the mortgage company to take the lien off of the land so she can sell the property. As of right now she is current on her payments. Thank you so much.

 

[dee_dub]

What is the lien for? Is it a valid claim? Are the mortgage company and the bank the same entity?

 

[amycnb777]

The lien is for the property taxes. My mother said that when she went to pay the taxes, the people at the county said they had already been paid by the mortgage company. The taxes are now included in her monthy mortgage payments. I would say it is a valid claim, and the bank and mortgage company are the same.

 

[dee_dub]

There is no impediment to selling a property with a lien on it; the bank would just take the amount of the lien before your mother got the rest of the proceeds.

If she wants to sell it with clear title, she can pay the bank the amount of the lien (or whatever balance is left owing) and have the lien discharged.