Legal Question in Real Estate Law in Florida
Mortgages
When a mortgaged property is inherited, does the heir have to qualify for a new mortgage or do they simply continue payments on the existing one?
3 Answers from Attorneys
Re: Mortgages
continue
Re: Mortgages
If you change title, you will need a new mortgage. If you leave it in the name of the decedent and continue paying, the lender should accept it.
Re: Mortgages
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Almost every mortgage contains an exception to the due on sale or transfer clause for a transfer by operation of law to an heir. Accordingly, the heir can simply continue payments on the existing mortgage and not have to qualify for a new mortgage.
Scott R. Jay, Esq.