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