Mortgage note in deceased parents name and taking ownership through probate
I have a property (father's) that I can take ownership of through probate. The value of the property is a little higher than the mortgage balance but not much. If I rent it we will make about $200 per month. It was updated recently with new roof, a/c, windows, etc so should be low maintenance for a while. At least for big items.
If I take title on the property through probate then does the lender have the right to call the note since it will not be in my name? Supposedly there is a federal law to prevent this but not sure if the lenders get around it. "12 USC § 1701J–3 - PREEMPTION OF DUE-ON-SALE PROHIBITIONS" "(5)a transfer to a relative resulting from the death of a borrower;"
I would hate to go through the probate process to change title and have them call it. Curious if anyone has gone through this or has any help or advice.