Birdsboro, PA asked in Real Estate Law for Pennsylvania

Q: In the state of PA, my friend is on the deed and not the mortgage, her mother in law held the mortgage and passed away

late last year. She is having trouble paying the mortgage and is 2 months behind. What should she do? Again, she has been paying her deceased mother in law's mortgage on a property she is on the deed for but not on the mortgage.

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: The mortgage would be a debt of the estate of the mother. A lot depends on the status of her and mother in law's arrangement. Was it a loan? Talk to a local real estate attorney to get some direction.

Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: Your question is confusing. I'm not sure who gave the mother-in-law the mortgage. In any case, whether your friend is on the mortgage or not, if it goes into default, the holder of the mortgage, which would presumably be the estate of the mother-in-law, if I understand the facts correctly, can foreclose on the property and force a sale of the house.

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