Boston, MA asked in Probate for New Hampshire

Q: I live in New Hampshire and was just told by the probabte lawyer that I have to sell my mom’s house where I reside

I live in New Hampshire and was just told by my probate lawyer that since my name is not on the home with the mortgage that I either need to pay the loan in full or get some type of financing as the Due on Sale clause will take effect. I was told by the bank that has the mortgage that I could just keep paying it. I thought that there were protections against having to pay in full? I am just really confused.

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1 Lawyer Answer
Nina Whitehurst
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  • Probate Lawyer
  • Crossville, TN

A: Some facts are missing. There are federal laws that prohibit acceleration of home loans under certain circumstances when a borrower dies. There are not enough facts here to definitively determine whether your facts fit within those exceptions to the due on sale clause. But if the bank has no plans to accelerate the loan either way, then you should not have to sell the loan.

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