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(new Hampshire) Discharging A Private Mortgage Held By Deceased Individual Whose Estate Is Actively In Probate

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Location: New Hampshire. Question at the end, first a timeline of relevant events and other details:

In April 2025, current owner purchased the property from previous owner. At the same time, the current owner took a private mortgage from the previous owner against the property.

In September, the previous owner passed away. The current owner is named as executor of the estate in the will. They filed a petition with the court to start the probate process within 10 days of the previous owner's death. Several motions have been filed in the case since then, but the court has yet to officially approve the current owner as the Personal Representative of the Estate.

Between September and December, the current owner renovated the property, listed it for sale. and went under contract with a potential buyer. They did not disclose the lien on the property in their property disclosure.

In January 2026, the title company discovered the lien during the title search and notified the parties that the title is not clear to close. According to the purchase and sale agreement, the seller has a right to a 30 day extension from date of notification to remedy the issue. In order to close on the sale, the seller needs to produce documentation from the court 1) showing they are approved as Personal Representative of the Estate, and 2) that the will has been approved, plus produce 3) a payoff statement for the recorded mortgage signed by the relevant parties.

My questions are... Is this scenario something that cannot be finalized until probate is closed, or will the seller be able to discharge the mortgage once they are approved by the court? If the latter, is it highly likely or unlikely that it could be accomplished in 30 days or less?

submitted by /u/somecrazydoglady
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