Asked in Probate for New Hampshire

Q: If I inherited a home in New Hampshire that has a mortgage can and I continue the mortgage payments?

I inherited a home with a mortgage from my mom. My name is not on the house can I continue the mortgage payments as is as I am now the successor of interest or do I have to pay the whole mortgage up front before closing.

Related Topics:
1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Probate Lawyer
  • Crossville, TN

A: You may keep making the mortgage payments, yes. Federal law prohibits acceleration of the loan on the grounds of the death of the decedent and transfer to a child.

You do need to notify the lender of the death of their borrower and your status as "successor in interest" so they can start sending the monthly statements to you. You do NOT have to assume the loan. Don't let the lender bully you into assuming the loan.

You do need to get the house into your name or you will never be able to sell or refinance it. Hire a probate attorney in NH to help you with that.

Anthony M. Avery agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.