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Updated over 9 years ago on . Most recent reply

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30
Posts
12
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Joy Williams
  • Rental Property Investor
  • Chicago, IL
12
Votes |
30
Posts

Mortgage Still being paid after owner passed away

Joy Williams
  • Rental Property Investor
  • Chicago, IL
Posted

A friend of the family lives in a home where the home owner passed away 5 years ago. The HO was the only person on the mortgage. Her husband continued to pay the mortgage through automatic deductions from their shared account. He recently passed and the son currently lives in the home but the mortgage is delinquent as of December 2015.  What happens to the house? I assume it will go into foreclosure since no payment since December but could the son try to get the bank to allow him to buy it?  What if it sells for more than is owed on the mortgage - assuming he can get current on the payments - who is entitled to the overage?  Thanks in advance for any insight in to this BP!

Most Popular Reply

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2,283
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1,102
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Charlie Fitzgerald
  • Lender
  • Las Vegas, NV
1,102
Votes |
2,283
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Charlie Fitzgerald
  • Lender
  • Las Vegas, NV
Replied

The estate owns the house.  Any heirs should be getting guidance from an estate attorney on this.  If there were wills/trusts etc. they will dictate the deceased parties wishes as it relates to their assets. 

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