Are we legally obligated to pay the mortgage to remain inan inheritedhouse?

UPDATED: Jan 12, 2012

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Are we legally obligated to pay the mortgage to remain inan inheritedhouse?

My wife’s uncle passed away several years ago leaving his brother my wife’s father and his sister as executors. They signed the property over to us but there is still a mortgage on the house that is in the deceased brother’s name.

Asked on January 12, 2012 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, if the mortgage is not paid or refinanced, the bank may foreclose and take the house; the fact that the homeowner/mortgagor died does not deprive the bank of its right to either be paid or get the house. If you are not on the mortgage, then it should not be able to sue you personally for the money; but if you don't pay or refinance, it can take the house.

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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