Can unsecured creditor's take home or place lien?

Question

Okay I asked this question before, however I wasn't clear on some things.

My mother passed away recently and there is a home that I have been making payments on using her money from a joint account. That money has run out. I will be named executor in a few days, however a mortgage payment is due at the same time.

I do not want to put any money into the home not having any security. She has massive medical bills (even with insurance) and some other unsecured debt.

I want to keep the home and it has supposed equity however it wouldn't sell for more than what is owed on the home so there is no actual equity, more so because last in 2005 she took out a second mortgage for home improvements.

I want to keep the home and I will pay off the home in full, however not at the expense of being held liable for her debts. It would break my heart to not have time to grieve and go through her belongings.

I will be talking to counsel soon however I am losing my mind in the moment, it's too much.

They can take everything if they want, because my mother's soul doesn't reside in her belongings. I just know in the end they won't get anything because of obligations before them such as tax and court fees, etc. There is no money to pay them.

Answer 1

While they can not "take the house" they can force the estate to liquidate all of the assets. As such, they can force the sale of the house if there is insufficient cash or other assets to settle the debts.

Answer 2

if its unsecured that means the loan is offered without securing it with any type of collateral, so the answer is no- they can't take the house.