What do I tell my deceased mother’s mortgage company to get them to talk to me?

UPDATED: Oct 1, 2022

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What do I tell my deceased mother’s mortgage company to get them to talk to me?

My mom passed away almost a year ago and I still live in her home, as I had for 5 years before she passed. I let the title company know that she had passed away and also let the seller know the type of loan says seller finance the seller said to go ahead and keep paying the monthly payment which I have done for the last year. A few months ago the payment was going to be late so I called the title company to let them know and to see about maybe taking over the loan. They told me that they cant talk to me because I’m not on the loan and all they can tell me about the late payment is that as long as they accept the payment I’m OK. The payment is late again this month because we have been dealing with roof leaks. I want to talk to them about assuming the loan or a loan modification but don’t know what to do since they said they can’t give me any information. My mom didn’t have a Will and I was going too see about getting everything done by affidavit because she didnt have much. The only assets she had was the mobile home which is paid off but I don’t think that I could pay someone to buy it, the land which has the mortgage with about $15,000 left to pay, her car which was repossessed and some furniture. I’ve was looking into some of the laws and saw something about successors in interest but dont know if it applies to me or how to tell the mortgage company about it if it does apply to me.

Asked on September 11, 2017 under Estate Planning, Arizona


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

Answered 5 years ago | Contributor

I am so sorry for your loss.  So I am assuming that your Mother died without a Will, correct?  That is called "intestat" and the intestacy laws in Arizona apply to her estate.  If she died without a spouse and children, the general rule is that the kids get all.  Are you an only child?  If so, then the house became yours by operation of law when Mom passed, but that does not mean you have any rights to it until the house goes through probate and there is a deed executed in your name.  While the law allows you to stay and pay down the mortgage (the mortgage clause is not what is called accelerated in these cases), you have no rights to talk to them or negotiate a refinance.   If the real property is worth less than $75,000 the Arizona allows you to probate same by a special affidavit without passing through probate.  I would strongly suggest that you call your local bar association and ask about a referral for a consultation with a Probate attorney.  You can be honest with them and say you just want - and will pay for  - some advice, maye for a half hour of their time. Good luck.

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