Can I assume my dad’s morgage if he dies with out having to go through a credit check?

UPDATED: Oct 1, 2022

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Can I assume my dad’s morgage if he dies with out having to go through a credit check?

My dad passed away and the
bank says his morgage is
not assumable that I would
need to take out a loan of
my own to pay it off to
put it in my name?

Asked on February 11, 2018 under Real Estate Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss.  I am assuming that you are either the only child or the one that has been bequeathed the home or that it has been agreed that you will be the owner amongst you and your siblings.  Now, under the law, the "due on sale clause" - the clause in the mortgage that says that a trasnfer of a property trigger the payment in full of the mortgage - does NOT apply to properties that have been inherited upon death.  In other words, you can transfer the deed in to your name via the Executor's deed and continue to pay the mortgage until it has been paid in full WITHOUT refinancing.  So don't worry about it: transfer and continue to pay. Good luck.

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