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Updated over 12 years ago,
Subject to from Probate ?
I was browsing probate files yesterday in Sacramento, California, and found a house worth $175,000 (according to the file - Zillow's zestimate is a little higher) with a $160,000 loan on it. The estate also owns $25,000 worth of personal property.
I first thought about making an offer subject to, but then got thinking that if I was a heir to the estate, based on what I now know about probate (which is not much), I would oppose it on the fear that, if the loan stays on the deceased name, the bank might go after the $25,000 worth of personal property by filing a claim after the sale closes.
Is there anything in the probate law that would preclude a bank from doing that ?
Abdenour