Fort Lauderdale, FL asked in Real Estate Law and Probate for Florida

Q: Can I assume the mortgage of my deceased Mom's home?

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1 Lawyer Answer
Jennifer Isaksen
Jennifer Isaksen
  • Probate Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: I"m sorry for your loss. You can continue to make payments, but there is no guaranty that the mortgage company won't call the loan due. Most mortgages have a Due on Sale clause that allows the lender to call the loan due if there is a transfer of ownership. In this case, since your Mom has passed, it would give the right to the lender to force you to pay the loan or go into foreclosure. Additionally, you will want to be sure to probate your Mom's Estate to legally transfer the property into your name (or whoever the beneficiaries are) so you can keep the property insured. Best of Luck! Jennifer

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