I have a client who has been residing in her mother’s home. She was living there when her mother passed away in 2019, the property is still in her mother’s name. my client filed for bankruptcy, but it was dismissed due to non-payment.

Now, the property is facing foreclosure. Since it was not included in the bankruptcy and the case has been dismissed, we believe that court approval should not be necessary for the transfer, of her Mom’s home. We are currently waiting on the title commitment, but the general consensus is that she should be able to retain any funds unless any judgments arise.

To facilitate the process, we will be executing an heirship affidavit to transfer the deed. Given that the property was inherited, we anticipate that the chain of title transfer will not present any issues.

Additionally, we are considering a gift of equity since the property is valued significantly higher than the outstanding mortgage. There is enough equity to gift 20% and cover all closing costs. However, we are also weighing the option of selling for a lower price without the gift, which would only involve a 3.50% down payment. What would be the most effective approach to keep monthly payments more affordable in this scenario?

There are many moving parts in this situation, and I want to ensure we are making the best decisions without overthinking the process.