Legal Question in Real Estate Law in Maryland

Re: Deceased Mortgagor

It depends. If the property was owned by the entireties (the presumptive form of ownership for a married couple), and the mortage was entered into after marriage and concurrently with or after the deed to mom and dad, and was not signed by mom, the mortgage never attached to the property and is not a lien. It would be a personal libility of dad's estate, and if there were no assets in the estate, it's uncollectible. If mom did not sign the note but did sign the mortgage, mom is not personally liable (they can't sue her), but they can foreclose on the property. Similarly if only dad owned the property at the time the mortgage was taken out, and subsequently added mom to the deed - that was done subject to the mortgage, and while they can't sue mom, they can still foreclose. Before doing anything (including stopping payments), you should have a lawyer look closely at this to make sure, as memories are often faulty.