Can a bank take the house that my mother left me in her Will if she still owes on it?

Asked on December 8, 2013 under Estate Planning, Florida


Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

If the mortgage loan goes into default, the bank can foreclose on the home. But, as long as the mortgage payments are made, the bank cannot take the house. Your mother's passing does not allow the bank to demand that the loan be paid in full. They must continue to accept monthly payments. 

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