Can I be paying my Mother's mortgage since she passed? - AgingCare.com

Can I be paying my Mother's mortgage since she passed?

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My mother passed in December 14, 2014 she put the deed under my name but the mortgage was not notified. I've been paying on time but I'm not sure if I have to be paying it since she passed.. and when I call and make the payment I give her information ...

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This is interesting as the mobile home that my mom lives in was in her husband's name. He passed in 2011 and she has been paying for the house since. She got an equity check but it was made out in her husband's name, so she can't cash it. I don't understand any of this stuff and not sure what to do, and when she passes, then what?
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I have an appeal hearing over transfers tomorrow anybody know what I can expect? I'm a wreck and just want all this over --- no matter how I can make it over.
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If the house was deeded in your name, but she was carrying the financial burden for the mortgage, then I have two questions?

1. In whose name was any tax benefit taken on the interest part of the mortgage payments taken while your mom was alive?

2. With the mortgage payments set up in agreement with her, can you claim such tax benefits now that she is due without the mortgage as well as the deed having your name on it?
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As long as you pay the mortgage the bank will not call the loan due. So just keep paying.
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Just a general thought.... I wonder how many elders believe that once they pass and the house is Willed to an heir or whomever, that if the house has a mortgage that the mortgage is written off upon their death?

Or on the other side of the coin, that an heir believes when they inherit a house, that it comes free and clear?
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Veronica - so what is the plan for opening probate to settle and transfer the assets of your late moms estate? Of which 1 asset is the house and its equity. Did mom have a valid will and who is named as the executor? What timeline does your state have set for opening probate? Your right past the 6 mo mark since death, so some decision should be happening as to probate. If you are not a heir, you need to file a claim against the estate for all those mortgage payments and within the required time frame by your state law.

OR did mom die intestate?

It's good that you have paid, as would have gone to foreclosure by now. But if you are not heir, you need to do stuff to be reinburse for all the payments made on anything on the house.
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Then notify the mortgage company you are now responsible and put the mortgage in your name. If you want to keep the house, then pay the mortgage.
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Normally, when you assume a loan of any kind; you must qualify for the loan. If the bank doesn't think you qualify, you may have opened up a can of worms. You need to seek legal council asap.
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Garden Artist. I don't know what State you live in, but California now has a new contract not mentioning the Termite. I have not seen the contract yet, but we were warned it was coming. Evidently, there were some issues that came up at the end of escrows that were caused by the Termite work and who pays what. Lord knows we have continuous laws changing. Be advised on the Termite if you live in California.
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Garden Artist....I am SO sorry you had such a terrible mistake made and hopefully you can find a way to see that not all Realtors are alike. As for the two lots, if the home was being sold with all the land listed in the listing, the TITLE COMPANY would not close without finding the issue. If it did close, I would bet a good attorney could come back on the Title Company, and also the listing broker. I too have worked across the table from some Realtors that should not be in the business. My mother was an excellent Realtor and I just followed in her footsteps. My clients came first and I read the Title of every single property and went through all the legal paperwork before I would agree to close. If a client wanted to close when I had found an issue, we cannot stop them. But what client would do that? The National Association and the Local Associations have attorneys working for the BOARDS who are available to answer a wide variety of questions for Realtors and clients free of charge. HOWEVER, I always recommend an attorney. Especially in an Estate. God Bless
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