Legal Question in Real Estate Law in Massachusetts

I am on the deed to my mother's house and she passed away january 2014 and owed a mortgage of 145,000 can the mortgage company come after me where i did not sign the note


Asked on 5/14/14, 10:23 am

2 Answers from Attorneys

You have the right to assume the Note and Mortgage if this is not a reverse Mortgage assuming you want to live there. They will name you in the foreclosure if it comes to that as an owner of the property, but you will not have personal liability on the note.

I would suggest if you do not want to pay the mortgage, you put the property up for sale and Notify the lender you are doing that as soon as possible. If you would like some help with this matter, please feel free to contact me without obligation

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Answered on 5/14/14, 11:08 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Thanks for your question and please accept my condolences for your loss.

Generally speaking, the mortgage company has the option of foreclosing on the home if the loan is not paid. You are not responsible for the loan itself. If you hope to own the home, then this loan will have to get taken care of or the home is in jeopardy. My advice would be for you to retain counsel for a consultation and evaluate your options.

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Answered on 5/14/14, 12:00 pm


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