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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 29114
Experience:  30 years experience representing clients.
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Mortgage is in deceased husband's name. Home quit claim

Customer Question

Mortgage is in deceased husband's name. Home quit claim deeded to me prior to his unexpected death. Since quit claim never transfers financial responsibility am I responsible for the mortgage?
Submitted: 2 months ago.
Category: Legal
Expert:  Loren replied 2 months ago.

Good afternoon. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

The quitclaim would not make you personally liable for any debt which you did not sign or guaranty. The property will, however, remain subject to the lien, but you are not personally liable for repayment.

Customer: replied 2 months ago.
Mortgagee is deceased. Who is responsible for repayment?
Expert:  Loren replied 2 months ago.

If you are making payments and living in the home then the lender is prohibited from invoking a due on transfer clause to demand full payment.

Otherwise, they wold have to foreclose on the property and if there was deficiency they would need to make a claim against the estate of the deceased borrower.

Expert:  Loren replied 2 months ago.

The short answer is you are not personally responsible for repayment yourself in the event of foreclosure.

If you want to stay in the home you can and must continue the monthly payments.

Expert:  Loren replied 2 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 2 months ago.

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