Mother and father both passed away. The house is willed to the son.There is still a mortgage, Does the mortgage stay with the house?

Asked on May 21, 2009 under Real Estate Law


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

My condolences to you and your family.  House is willed to the son.  How is it willed? Subject to or assume? If it is subject to, the house is the son's but the estate is responsible for the debt.  Oftentimes, the company can still attempt to collect against the new owner but it depends on how such loan agreement is written, etc.

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