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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Feb 04, 2019
Mother died with a will/Quit claim prop to me
by: Anonymous

My Mom died last month. It was sudden but we did try to prepare. The home I've had 18 years and paid the mortgage in her name. We just never changed it over to my name.

I have paid the balance of the mortgage with a casheirs check, sent copy of the will naming me as beneficiary and sent the quit claim deed.

Now that the house is paid, with quit claim deed can I get it titled in my name? I have no intention of selling or moving, ever!

Reply from

We are so sorry for your loss. Unfortunately if the home was in your mother's name it is likely part of her estate and if there are other heirs they may be able to claim their share of that property. Please consult an attorney as soon as possible.

Jan 27, 2019
by: Anonymous

Just before my mother passed away she willed all her property and possessions to me. I did not know this at the time of her death so, I went to the court house and filed a homestead claim just in case. Shortly there after we found her will and I immediately went through the process of loans and taxes, etc. after putting my name on the deed.
There was one consensual loan with a credit line I could not eliminate. She had used the property as collateral.

The loan company would not put my name on the loan but allowed me to pay the payments Which I have been doing since 2010 (no delinquency) They bill the estate of my mother. I am now living solely on social security and the payments are getting to be too much. Can the loan company take my property if I stop paying the payments?

Reply from

If the lender has a lien against the property then yes, that property could be at risk if you can't pay it back. One option may be for you to consider a reverse mortgage so you can pay off the loan. A reputable credit counseling agency can help you understand that option. Our sincere condolences.

Jan 25, 2019
by: Anonymous

My mom passed several years ago. I think she told me that she had mortgage insurance to pay off the loan on her home if she died.

The bank will only talk to me with proof I am the executor.

I don’t want to go thru that only to find out she did not have mortgage life insurance and thus be responsible for the debt on the home.

It seems very unfair as well as immoral that they be allowed to foreclose if they know that there is a life insurance policy to pay it off with and that she is deceased.

So is it true that if I file to be executor and she had no mortgage life insurance that I am then responsible for the mortgage debt?

Reply from

We don't know where you got the impression that you will be responsible for the debt if there is no insurance. Becoming executor doesn't make you responsible for your mother's debts. Unless you are a cosigner on the loan you should not be responsible for the mortgage debt.

Someone needs to handle her estate. If there's no one else to do that, you may want to talk with an attorney and find out what you can do to resolve it.

May 27, 2018
No will
by: Anonymous

My widowed mom passed away without a will. I am paying her mortgage and home owner insurance. Can I file claim for damages on her home?

Mar 29, 2018
My moms small mortgsge
by: Anonymous

My mom passed in June the will was done so that there was no probate and there was no estate. She had two mortgages - one that I have had put in my name and one small mortgage which I been paying myself since June. My question is am I responsible to be paying a loan in her name if the house is mine since she passed???

Reply from

We're sorry for your loss. You are not personally responsible for a mortgage in her name, but her death doesn't wipe out the debt. The mortgagor is still entitled to collect that debt. If you have siblings or other relatives who are also entitled to her estate we strongly recommend you see an attorney. Otherwise you may wind up paying on the mortgage and they get a share of the equity created by your payments.

Feb 20, 2018
by: Anonymous

My mother past in 2018 she left me the will and executrix of her home. How do I get the deed transferred to sell?

Reply from

We're sorry to hear of your loss. Every state has a procedure for probating an estate. You'll need to find out how it works in your state and file the necessary paperwork. Many people hire attorneys to handle this but it's not always necessary; it depends on how much you want to do yourself and whether there are any complicating factors (such as other family members who may be entitled to the estate.)

Feb 05, 2018
What paper do I need to have fill out
by: Anonymous

My wife mom passed 7 years ago and left a house. Her dad is alive but wants nothing to do with the house, but the property is in his name.

Pre-foreclosure letters have started coming thru the mail.

I want to pay the mortgage but the lender won’t except payments from me.

My wife,her dad and I agreed that I should take over the mortgage.

What should I do?

Reply from

Can you buy the home from your father for the amount owed? That would be the simplest solution. A real estate attorney can help you prepare the paperwork.

If you can't do that you should still consult a real estate attorney. Simply taking over the mortgage does not make you the owner of the house. If your father-in-law died you may not inherit the house you've been paying on (or other children or heirs may get a share of it).

Jan 26, 2018
What to do to get my parent house transfer into my name?
by: My mom died in 2008

My mom passed away in 2008 unexpectedly and her house is still in her name. She had no will. I have 2 other siblings and we all still live in her home and we are still paying rent. This house is own through Habitat for Humanity. I've spoken with the people from Habitat but they want really let me know anything. What should I do?

Reply from

It's our understanding that Habitat homes have a mortgage. If your mom's wasn't paid off, you will have to try to purchase the home from them. Unfortunately we don't have further information on how to proceed if you're not getting clear answers.

Jan 19, 2018
Mom passed have foreclosure question
by: Anonymous

Good Afternoon,

My mother passed away a couple years ago and with FL State law, her half of our home was put in my sister and my names even though her will requested it be put in my name.

My father refused to sign over his half and appoint me guardian of my sister's property (she was 14 at the time but is 18 now and I have been sole caretaker over the last 4 years with no payments from him) so I could refinance.

Long story short, after many hurdles I finally got him to sign the deed over to be put my sister's and my name but neither of us are on the mortgage loan.

Sadly it was all too late and we are currently facing a foreclosure. He is now telling me that if the house goes under the foreclosure will affect my sister and my credit and ability to possibly get a home in the future... I am 30 years old, my sister is 18 is that information true?

I've read many articles that claim if we are not on the loan we would not be penalized but I just need reassurance. I am very upset that this is a possibility, not only for my future but especially for my sisters as she is only 18 and had absolutely 0 control over anything that has transpired. Please advise and thank you so much for any help/information you can provide.

Reply from

If neither of you were on the mortgage it is unlikely it will affect your credit.

Jan 08, 2018
Deceased Parent's Loan
by: Anonymous

My mom passed away in 2016, leaving behind no recorded or any kind of written will. At the time, we were estranged, so I had no idea that she had a mortgage on a 2nd home that was previously occupied by a sibling. No one's name was on the mortgage, just my moms.

I am now being harassed and served papers stating that the 2nd home is going to be foreclosed on and that I, along with my sister, will be responsible for all fees and court costs for the foreclosure, since we seem to be the only known inheritors (I inherited nothing).

I never resided at any of her properties after moving out of our childhood home years ago. I was never included on any of her bank accounts. To my knowledge, I would not have been included in anything she would have left behind. Is it possible that I would have to pay for all of these fees - which look to total around $5-$10k?

Reply from

We know it may be the last thing you want to do, but please consult a consumer law attorney. It doesn't sound like you should be responsible for foreclosure costs on the home but you want to make sure you understand your legal rights so you can protect yourself and your credit.

Oct 11, 2017
Deceased mothers foreclosure
by: Anonymous

My mom died 26 years ago and she owned a house with my sister. My sister had to file bankruptcy and foreclosed on the house. Now my mom's heirs are being sued for balance. Its been 26 years. Is there a statute of limitations on such

Reply from

We're so sorry to hear this. We don't understand how or why they would try to go after the heirs, unless they were co-borrowers on the mortgage...? Or perhaps they are on the title and they are trying to get them removed from the title? (Though they shouldn't owe money if they didn't sign the home loan.)

It sounds like someone needs to consult a real estate or consumer law attorney for advice to clarify the situation and their rights.

FYI, the statute of limitations usually begins when a payment was missed.

Oct 10, 2017
Aunt passed with 2 mortgages
by: Anonymous

Hello my aunt has one daughter and she has hearing loss so i became her power of attorney to speak on her behalf. Her mom which is my aunt had a reverse mortgage on one property which is the one we want to sell, and the other property with the mortgage in her name is being paid by me due to me taking full ownership once the repairs or complete, she kept her name on the deed to not trigger the loan due clause to be paid in full. I was in charge of the mortgage i been paying on when she was alive which i helped get the loan modification approved on it as well. The same mortgage that im paying on but the mortgage is in my aunts name the mortgage company is holding some insurance claim funds until i can produce a executive of estate letter. Can i file administrator of estate myself in the county my aunt passed in. One house me and my aunts name or on the deed but her name on the mortgage this the home that the mortgage company is holding the insurance claim funds for..

Reply from

We're so sorry but this is a complicated legal situation and a home is at risk. We're going to have to suggest you contact an attorney for advice. Our condolences in your aunt's death.

Oct 03, 2017
Family Inheritance
by: Anonymous

My Mom passed away 4yr ago and my dad recently passed away. He had a will that stated his homes are to stay family homes and anyone occupying them are responsible for the notes as well as the property taxes. He also had life Insurance policies he left to his children.

If these homes still have a mortgage lien on them, do we have to pay his debt he owe on these homes before disbursement of the insurance policy money???? Help Plz.

Reply from

We're sorry for your loss.

Insurance policies left to specific beneficiaries (rather than the estate) go directly to the beneficiary regardless of what's in the will. They should have no effect on how the matter of the house is settled and should not be held up by that.

Oct 03, 2017
worried friend
by: Anonymous

My friend took over payments of her mother's house after she died. If she gets a divorce from her husband can he make her sell the house? It's not even in her name it's still in her mother's name.

Reply from

We would urge your friend to talk to an attorney. It may depend on whether she lives in a community property state. Either way, she will want to get the legal status of the property cleared up so she can move forward and not be worried about it.

Aug 29, 2017
by: Anonymous

My mother passed away in 2015 and I want to assume her mortgage. I also have 2 brothers if I myself assume her mortgage will they have anything further to do with her home?

Reply from

Assuming the mortgage on your mother's house will not give you free and clear title to the home. Depending on her will (or state law if she had no will) they may be entitled to a third of the home's value. We'd really encourage you to talk to an attorney. We'd hate to see you pay the debt then discover you've paid for their portion as well.

Feb 14, 2017
Mother died in 2009 & we still live in the house
by: Rel

My mother past away in 2009 but in 2005 she Quit-Claim deeded the property to Me and my wife even though there was a mortgage lien on the home. Myself, my wife and kids all lived in the home and still do (presently)...

When my mother past away we just continued to pay the mortgage every month (and still do). We did this because we were afraid if the lender knew of my mother's death, we would lose our home....

I would like to know if we should stay with this process or should we notify the lender. My wife and I pay the mortgage by personal check every month my mother has never had to pay the note, so we do have proof that we pay the note and the Quit Claim Deed is recorded in our local county court house and by the way I am her only child.. what's your advice??

Reply from

You should not be at risk of losing the house in this situation but we aren't attorneys and can't give you legal advice. We recommend you read:

Consumer Financial Protection Bureau article about home mortgage after death.

Feb 08, 2017
My mom died 2003
by: Anonymous

Mom died 2003 I didn't have the heart to get mom to sign papers to my name I was happy to see her good days. She passed away, I have continued to make payments with no help from other siblings. Taxes are high. Lost she mortgage giving me a hard time what do I do? Owe only $6945.

Reply from

We are not sure we understand your full question but please keep in mind that if you pay this off, you may be paying on your siblings' behalf. If they are entitled to a share of the home's equity, you may pay it off and not get reimbursed from them -- and still have to divide it with them eventually. They may also be able to force you to sell.

If you really want to keep the house you may have to buy out their share. Otherwise your best option may be to sell and split the proceeds.

We're not attorneys and can't give legal advice. Please consult an attorney so you don't make a costly mistake.

Jan 01, 2017
mother daughter mortgage loan
by: Anonymous

My daughter and I have a mortgage on the house my daughter is living in. She got married several years ago and recently found out she has a terminal deceased with a 1 - 3 year expectancy. If she passés, am I the sole owner. Can her husband fight for her half.

Reply from

If the house is titled in your name only, we don't see how your husband could try to go after half of it but we're not attorneys so we recommend you seek legal advice. We're so sorry to hear of your daughter's illness.

Dec 13, 2016
Can he keep the house?
by: Anonymous

My mother passed away last year and her name was the only name under the house. My step-dad has been making the payments, does that mean he can stay with the house?

Reply from

Your step dad likely inherited the house since he was the spouse. This article should help: CFPB article about house after death

Feb 06, 2016
Help my 18 year old
by: Anonymous

The father of my 18 year old son passed away 2 years ago on December 6. We recently were served papers that the house is in last stages of foreclosure and also found out the house was willed to my son who was 16 at the time.. Can the legally come after my son and access his checking account? I notified the attorney who wrote the will and his answer was no. Is this true????

Reply from

That's our understanding as well. He doesn't owe the debt, and it doesn't sound like there is an asset to collect. But they may want him to sign paperwork relinquishing his ownership so that they can dispose of the house.

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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