Legal Question in Real Estate Law in California

mortgage after death

my brother died and had a house. there is a mortgage on it but before he transfered house over to dad. this house is rented cover mortgage. If I contact bank will they expect payment in full after death or will they foreclose and will foreclose be your typical 180 days?


Asked on 11/14/08, 7:36 pm

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: mortgage after death

Although the deed of trust encumbering the house may have a "due on sale clause," it is unlikely that the bank will demand payment in full or foreclose so long as the payments are current.

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Answered on 11/14/08, 7:43 pm


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