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.
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.
Answered on 10/29/13, 10:02 am
David Slater
David P. Slater, Esq.
If they obtain a judgment against your estate, yes.
Answered on 10/29/13, 10:07 am