Legal Question in Wills and Trusts in Florida

If at my death there is an unpaid mortgage can mortgage holder tap my savings to pay off mortgage


Asked on 10/29/13, 9:45 am

3 Answers from Attorneys

Joseph Justice The Justice Law Firm

In general no, but the property will remain subject to the mortgage.

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Answered on 10/29/13, 9:47 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

They can collect unpaid mortgage payments from another account if they have approval to do so. Would be highly unusual to have a right to collect an entire mortgage proceeds from a dead individual's account.

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Answered on 10/29/13, 10:02 am
David Slater David P. Slater, Esq.

If they obtain a judgment against your estate, yes.

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Answered on 10/29/13, 10:07 am


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