Legal Question in Real Estate Law in Pennsylvania
Hi,
My mother's fianc� just passed away. They just got a mortgage but his name is the only one on the note. Her name is on the deed of the house as joint tenants with the right of survivorship. Is she protected by that law that states the mortgage cannot call in the loan because he passed away and she has the right of survivorship? She can continue to pay the loan but how does she go about getting mortgage statements if his daughter forwarded them to her house because she did not want my mom to keep the house. Also if my mom wants to let me move in and add my name to the deed will she still be protected from having the bank recall the loan?
1 Answer from Attorneys
If your mother was not married then she has no special rights. The rule is that beneficiaries take subject to existing mortgages so she has to keep paying for the home.
While she can inherit the land, I think the bank is going to have a hard time allowing your mother to put you on the deed without being added to the mortgage. But i don't know - you all need to talk to the lender.
Your mother needs to talk to the mortgage company and have the statements sent to her directly instead of to the man's daughter. The daughter's wishes do not control here. If the land was owned as joint tenancy with a right of survivorship, then it passed to your mother.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
