Why do I have to go to probate court over liens from my deceased husband, on a home that forclosed on in 1991?

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My husband and I purchased a home that was foreclosed on in 1991, and was in his name only. In 1997 we both signed the mortgage on a duplex. Now that he's passed, I cannot sell the property until liens from the foreclosed home are paid.

Attorney Answers

3
Leonard Boyer ·
I am sorry to learn of your unfortunate situation. To properly answer your questions and address your concerns, the best way to handle this is with an in-person consultation with an experienced MN Mortgage Foreclosure Defense and Bankruptcy attorney. Use 's Find a Lawyer tool to select a qualified attorney. Good luck. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.Good luck.
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Craig William AndresenBankruptcy AttorneyBloomington, MN ·
If he lived in the duplex continuously until his death, then the liens never attached to the duplex because it was his homestead. Minnesota statutes section 510.01 says that a judgment lien does not attach to the homestead. A court can issue a ruling to this effect.
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19103 Pennsylvania Peter Klenk 1285910.Html ·
The answer depends on what these debts are and how they are attached to the property. This is fact specific, so you need to bring the paperwork to an experienced Probate lawyer who can sort through them and properly advise you.
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