Who has the responsibility for a mortgage loan responsibility when the borrower dies?

My dad passed and he was the only person listed on the mortgage. The house and land was just listed in my mom’s name. The mortgage company stated they are putting the house in foreclosure proceedings. They stated they do not refinance anymore. We do not know where the original paperwork for the loan is. The company stated even though she is power of attorney and executive of the estate, that was closed by probate, they aren’t able to give her alot of information since she is not on the loan. What are her


Asked on May 2, 2016 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When the sole mortgagor (the borrower) dies, the loan comes due. The lender does not need to refinance the loan, but can foreclose if the loan is not paid. The estate can, however, pay the loan off in full (if it has the funds to do so and the executor deems that in the estate's and heirs' interests); the executor should be able to get the payoff amount by sending the lender her authorization from the court (e.g. letters testamentary) to function as the estate's personal representatives. If the lender will not comply, she could bring a legal action to get this information from the; she would file in chancery or surrogates/probate court.

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