Responsible for deceased mother's mortgage loan

I lost my mom on September of last year. Today, I received some papers in the mail trying to collect on her mortgage loan. Now, I know I'm responsible for it if my name was included in any of the exhibits provided but it wasn't. Only in the defendant section. How can I dispute this claim?

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Jan 02, 2016
by: Anonymous

Hi my name is Chris. My mom and dad got a divorce. He gave her the house. She passed away in 2012 and left me the house. Does the mortgage company have to contact me first to see if I want it before they do anything to it?

Reply from

Typically a family member who inherits a house with a mortgage can take over the payments. However, you mention that your mom died in 2012. Have the payments been unpaid for three years? If so the home may be in some stage of foreclosure. If that's the case, we would urge you to talk with a consumer law attorney as soon as possible to find out what your options are.

Oct 05, 2015
Help me keep our home
by: Anonymous

In 2003 my dad helped me get my house that I'm still in today. My name is not on the mortgage,but I'm the only one who has ever made the payments. My name is on the taxes, home owner insurance, and he deeded the house to me back in 2009 or 2010. He passed away 10/03/15. What should my next step be with calling the mortgage, and making sure no one can take it from us. There was no Will.

Reply from

We're sorry to hear of your loss. It sounds like you should be able to continue to pay the mortgage. This information from the CFPB should help: CFPB clarifies mortgage rules.

Sep 17, 2015
legal options
by: Anonymous

My deceased mother has a mortgage loan balance on a condo that does not have her name on the deed. What is my responsibility too said loan balance once I sell the condo?

Reply from

The mortgage lender likely has a lien on the property that must be satisfied in order to sell the property. It would be a good idea to consult with a real estate attorney.

Jan 09, 2013
by: Anonymous

my father just past away two weeks ago i was reading the part where you said to check and see if their was a morgage insurance to cover the amount owed when he past a way is that insurance purchase with the morgage bill or he had to purchase it with a different insurance credit life insurance my dad has alwys said to me and everyone if he ever died the house and truck would get paid off i went threw some insurance but there not credit life insurance what do i do?

Contact your father's insurance company to find out if he had mortgage insurance.

Mar 25, 2012
Responsible for deceased mother's mortgage loan

I am so sorry for your loss. I know that you are dealing with a lot right now. Hopefully, my advice will make your life a bit easier.

Your mother's mortgage must be paid or the bank will foreclose on the property eventually. Are there assets in her estate that can be used to pay the mortgage, assuming you are keeping the home? Note: You have no legal obligation to pay the mortgage out of your own funds. However, if there are no assets in your mother's estate to pay the loan, you may want to make the payments yourself if you are your mother's sole heir or if she wrote a will and left the house to you; both scenarios assume you want to keep the house however. If you don't and there is not enough money in your mother's estate (all of the assets she owns) to pay off the mortgage, then the bank will foreclose. Assuming you are not on the loan that action will not have any impact on your credit.

One thought. Have you reviewed the mortgage paperwork to determine if your mother had to purchase mortgage insurance? If she did, then the insurance company should pay off the balance due on your mortgage and so you need to notify it of your mother's death.

You should know however, that all of these things need to be handled by the executor of your mother's estate (all of the things she owned when she died). Did your mother leave a will? If so, she would have named an executor in it. This is the person who is legally responsible for initiating the probate process after someone dies; paying the debts of the deceased out of the estate; and distributing any remaining assets according to the deceased's instructions in his/her will. Probate is a formal legal process, but some states have established a less formal processes for paying debts and distributing assets when the deceased has a small estate.

If your mother did not leave a will, then she died intestate. In that case, the probate court will appoint someone to act as executor. This person is typically called an administrator. If your mother died without a will, you must contact the probate court in your area to get that process started.

Before you do anything however, I recommend that you schedule an appointment with a probate law attorney to discuss your situation. The attorney will advise you of your next steps particularly in regard to your mother's mortgage. Be sure to bring your mother's will (if she left one), the title to her home and her mortgage paperwork to the meeting. The attorney will help you make sure that you take the appropriate steps and that you do not unwittingly create any problems for yourself. and to find out what you should do next. I also recommend that you read our deceased person’s debt FAQ.

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