Mom died-willed house to kids (not on title). 30k due on 100k property. Can bank 4close if payments r timely?
My mother passed away here in Indiana in March of this year. (God bless her soul, she was a special-needs teacher her whole life and touched so many lives, mine especially) she had no insurance. We paid her medical bills from her heroic fight against breast cancer, but cannot pay off her mortgage. The house is worth 100k, and a second mortgage is currently on the home. My sister and I have let my brother move into the home as he lost his job, and did not have a place his children could come and stay with him (wife left him). He has been making the 0 per month mortgage payment since March, and paying the utilities.
I have a grave concern, in that he reported to me the mortgage-holder came to the house and left a message for him to call them (he was named the executor of my Mother’s estate). In her will she gave everything to us equally… however, we were not on the title/ deed to the house, or on the second mortgage. The mortgage did not have an assumption provision, I know that, but it may have had a "due on death clause"… I cannot get a straight answer from my brother on that.
1. Can the bank foreclose on the property if the payments are made, as well as all taxes and insurance?
2. If something were to happen to the house, like a tornado destroyed it, would the insurance company be able to deny the claim because the policy holder is dead? (this worries me even if they cannot foreclose)
3. My brother told me that the estate was closed in July. In Indiana, I thought all of the debts had to be paid before that could happen. Could he be telling the truth? How could the court have missed the second mortgage on the house?
Thank you so much in advance and God bless you.