My mom passed away and left me her home. Do the mortgage payments go away?

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I was on the deed when she was living. Am I responsible for the payments now or do the house get paid off by the mortgage Co., because she passed away?

Attorney Answers

6
Jonathan Klurfeld ·
You are not responsible for the payments in terms of the bank cannot sue you personally for the debt, but if no one makes the payments then the house will go into foreclosure and be sold at auction by the lender.
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Francisco Aguero ·
Your question raises some real estate and probate issues. There may be ways to wipe out or reduce the mortgage liability depending on how it was structured. How you approach this depends on whether you would want to keep the property.
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Gerald Obrien ·
The mortgage remains as a lien on the home. Are you also on the mortgage? If not, perhaps you can either make the mortgage payments or, since you are "on the deed" you may be able to refinance. If the mortgage is not paid you run the risk of having the home lost in foreclosure.
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Jeffrey Lampert ·
Will suggest that you check the closing statement from past re-finances or when purchased. Many people take, knowingly or unknowingly because the closing agent includes it, take out mortgage credit life insurance. There may be an insurance policy that will require the insurance company to pay off the balance. Typically people do not do this but your mom may be exception.
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Jacqueline Salcines ·
No it does go away. The mortgage is a lien that attaches to the property. If you don't pay it or make arrangements with the lender to settle it then they can foreclose and take the house away from you. If you try and sell it you just satisfy the balance owed to the lender but you personally are not responsible for the debt
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Luke Gerard Sherlock IIIReal Estate AttorneyDelray Beach, FL ·
You have two questions there so I will break them down. A. Unless you signed the promissory note, you are not personally responsible for the mortgage payments. B. Unless you have insurance or some other method or reason for the mortgage company to get paid in full, then the mortgage will remain a lien on the real property. As my colleagues correctly stated, if the mortgage payments are not made, the bank will foreclose.
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