Cary, IL asked in Real Estate Law and Probate for Illinois

Q: I have a private mortgage and the lender died. Can lender's family and probate judge make me refinance?

My mortgage with the private lender is signed and notarized. I am always current with my payments (principal, interest, and property tax). The lender is going to die soon and his family told me that I need to refinance and that the probate judge will likely make me pay the mortgage in full immediately. The house deed is in my name with the county clerk.

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1 Lawyer Answer
Ray Choudhry
Ray Choudhry
Answered
  • Probate Lawyer
  • Moline, IL
  • Licensed in Illinois

A: There is a note and mortgage.

The note says when the payment is due.

Most notes say that the terms of the note apply to assigns and heirs.

His estate will own the note.

The terms of the note don't change.

1 user found this answer helpful

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