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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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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