Can persons named on title just continue to pay the mortgage of a deceased mortgage owner?

UPDATED: Sep 30, 2022

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Can persons named on title just continue to pay the mortgage of a deceased mortgage owner?

Person on mortgage recently deceased. 2 children are on title, but not the deceased person. Can the 2 children just continue making mortgage payments or mortgage be transferred to them without refinancing the mortgage? They cannot get approved for loan refinance in the amount of the debt.

Asked on October 16, 2016 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, when the mortgagor (the person who took out the mortgage dies), the mortgage comes due immediately: the bank can look for it be paid off (such as by refinancing) all at once. Therr is no right for other people, such as those on the title but not the mortgage, to simply keep paying it. Also, there is no right for other persons, including other title holders, to take over the mortgage: the bank can choose to let them do this, but is the bank's choice, and therefore the bank must freely agree to this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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