If I stop making the mortgage payment on inherited property, can the bank take the property or just the mobile home that sits on it?

My mother passed away a couple years ago and I went through the courts and have gotten the property in my name. My mother had gotten a mortgage just a couple years prior to her passing. Is the mortgage on the property to just the mobile home? I do not have a copy of the final papers my attorney had the judges sign giving me the property. I have been paying the mortgage but really don’t want too any longer. What are my rights? The property is a nice size lot but the mobile home is 38 year old singlewide that needs work.

Asked on September 14, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to ascertain what is the security for the loan that your mother took out several years before her passing, the mobile home or the land that the mobile home sits on.

The way to ascertain what the loan is for that is being secured by the mortgage is to simply read the monthly statements that you have been paying on in that it should list specifically what it is for. If not, go down to the county recorders office and pull all recorded liens on the real property that the mobile home sits upon. If a mortgage shows up of record upon the land, you will know that the land is the security for the loan.

You are not obligated to continue paying on the loan, but if you stop, then the lender will most likely foreclose upon the security and it will be lost.

Good luck.

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