Piedmont, SC asked in Estate Planning, Real Estate Law and Probate for South Carolina

Q: The deed has our deceased mother's name at the beginning, and heir's and at the very end it says forever.

With the forever be in at the end she got a mortgage and me nor my sister signed on that mortgage on agreement to the mortgage nor did we see any of the money so is there any type loophole with the , forever, that gets us out of the mortgage.? So we can keep the land for our children

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: You might be misunderstanding the meaning of typical wording in a deed that says "to [name of Grantee] and her heirs and assigns forever". That does not mean that title is vested in the heirs along with the grantee. It just means that the grantee acquired fee title. The signatures of the "heirs and assigns" is not needed to grant a mortgage to a lender. The mortgage is valid with just the grantee's signature, and it will remain until it is paid, even after the grantee passes. So the answer it no, that language does not get you out of the mortgage. The heirs are not personally liable for the mortgage, but if the loan secured by the mortgage is not paid according to its terms, then the lender can foreclose.

Anthony M. Avery agrees with this answer

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