Can I sell my condo if the deed is in my name but the mortgage is still under my late mother’s name? now decease for past 5 yrs.

I have continued to pay mortgage even though my mother had been deceased for the past 5 years. I may want to sell eventually but what shall I do about mortgage?

Asked on June 23, 2018 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you can pay the mortgage, either before sale or with the proceeds of the sale, you can sell the condo. At the end of the day, the lender only cares about getting paid: they have certain rights (such as foreclosure) to enforce payment or get compensation if the loan is not paid, but it's all about payment. They don't care who owns, who buys, etc. as long as the loan is paid off at the latest at closing (you can't transfer good title without paying the loan, which is why it must be paid by or before closing). You should retain a lawyer to help you with the paperwork and to make sure that everything is done correctly--you may need to get power from the probate court as your mother's executor or personal representative, for example, if you have not done so yet, to do the mortgage paperwork, etc.--but fundamentally, as long as you paying the loan, you can do this.

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