Private note holder deceased

[Jesse Andrews]

Hello- I am under contract with 5 siblings selling their parents house. The parents are deceased, and the house has gone through probate. I am also under contract with a cash buyer. Upon running a title report, a private mortgage was never released. The note holder is the deceased grandparents of the seller. The good news (I think) is that the same attorney worked with the grandparents, parents, and this probate. What now? I've never been in this situation. Can anyone offer advice or some insight as to what needs to be done? Sorry for any typos! I'm on my phone waiting for a flight. Thank you!

[Rick H.]

Each state is different. Don't confuse laws and practices of one state as normal for another. 

That being said, I would begin by contacting your title insurance company and ask the title officer or advisory title officer what they ideally require.

Solving these type problems in my state has made me several fortunes so I cannot say enough positive encouragement to learn how to solve these type issues.

Title insurance wants to sell a policy but have zero risk from other claimants to title or creditors whose threats could result in a loss to the insurer. 

You job is to find an elegant way to solve the problem(s) without incurring too much extra work, cost, time or legal exposure. 

The best $250 I ever spent was for an older real estate attorney who provided me knowledge about a problem and a beautiful solution that made me about $500,000 in equity over 20 years ago.