The foreclosure process can be complex. It can be even more complex when the person who takes out a mortgage dies and the property passes to their beneficiaries or heirs. This can raise questions about the legal and financial responsibilities of both the inheritors of the property and the lender. If a property with a mortgage is inherited and the mortgage payments are not made, the situation becomes complex, especially when probate—the legal process for settling a deceased person’s estate—is involved. The lender, often a bank, has two main choices under Texas law for how to deal with the unpaid mortgage in probate.
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