Q: Is a bank allowed to foreclose on property that was gifted to someone in a will?
A: Suppose these are the facts: Joe owns a house and has a mortgage on it. He devises the house to Sam, his friend, in his Will. Joe dies, Sam takes possession of the house. The mortgage is not paid. The bank can absolutely foreclose on the house but cannot hold Sam personally responsible for the debt.
Barbara Billiot Stage , Terrence H Thorgaard and Jane Kim agree with this answer
A: Yes, if there is a mortgage, you take it subject to the mortgage.
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