The traditional mortgage servicing response to a Chapter 7, no-asset filing is to advise counsel to move to lift the automatic stay so that merchantable title
can be acquired through foreclosure.
* Preventive Measures--The best way to avoid heirs' property issues is to create a valid will, leaving beneficiaries with clear, merchantable titles
. Yet, it is reported that six out of 10 American adults do not have wills, claiming that they "haven't gotten around to it" or they "don't have enough assets." (32) Even if the sole or main asset is a house, however, creating a will is important to avoid intestacy and promoting the importance of wills in vulnerable communities can raise awareness to the issues inherent to heirs' property.