Fort Myers, FL asked in Foreclosure and Real Estate Law for Florida

Q: my father and I are on a mortgage. If he dies, what becomes of my status with the mortgage?

Can his creditors come after me or the house?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: It depends on who signed the mortgage note. If you both signed it, the mortgagee can come after either of you if the note isn't paid according to its terms. So if he dies AND the note isn't paid, the mortgagee could foreclose and seek a deficiency judgment against you. But in general, other creditors wouldn't be able to sue you for his unsecured debts.

Barbara Billiot Stage agrees with this answer

A: You are only liable for the mortgage if you signed the note. If you want to keep the house, consult with a real estate attorney who has experience in mortgages and mortgage foreclosures to review the mortgage and note and advise how this will play out if you continue to pay the mortgage.

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