If my mother died with an underwater mortgage and I’m staying in the house, what are my rights?
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If my mother died with an underwater mortgage and I’m staying in the house, what are my rights?
My mother and I shared a house for 12 years she passed away nine months ago. The underwater mortgage was in her name the utilities in mine. I’m also having work done on the house that had been neglected during her protracted illness. I have not paid the mortgage or insurance. I’ve stayed in the house and have kept the utilities up to date. I did pay rent to my mom when she was alive, but obviously no longer. If/when the house goes into foreclosure, do I have any rights re: staying here? Do I have squatters’ rights or adverse possession standing?
Asked on July 13, 2016 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, you do not have any rights to stay in the home if and when it goes into foreclosure: your state does not recognize squatter's rights, and sharing a home with the owner's permission does not give rise to adverse possession (among other things, since you had permission, it was not "adverse"). Whomever acquires the home after foreclosure can remove you.
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