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Deed/Mortgage question

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Jacklyn Geniesi Guest	Posted: Tue Dec 12, 2006 7:02 am    Post subject: Deed/Mortgage question Like 0 Dislike 0 My Father In Law did a deed transfer from himself to his daughter. He has a mortgage that he signed but it is only in his name with the property as security. If he dies, does she have any requirement to pay back the mortgage or does it just go away? He has no other assets to claim. They are in New Jersey. Thank you.
Hodgson Guest	Posted: Tue Dec 12, 2006 10:23 am    Post subject: Like 0 Dislike 0 Hi Jacklyn, If the property was transferred in the name of the daughter and has a mortgage then the lender should be informed about it. Let me tell you why it should be informed to the lender. The mortgage was given in the name of father-in-law and he is in lender's records as the owner of the house. Now if the lender checks and finds that his name is not on the title of the property then he can call the loan due and demand full payment. You should advice your father-in-law to get in touch with the lender and explain the situation and have the mortgage refinanced in his daughter's name.
Jacklyn Guest	Posted: Tue Dec 12, 2006 11:32 am    Post subject: Appreciation Like 0 Dislike 0 I appreciate your reply, but what if the lender does not know and my father in law passes, will my sister in law still have to pay the mortgage?
Valverde Guest	Posted: Tue Dec 12, 2006 12:26 pm    Post subject: Like 0 Dislike 0 Normally, if a person dies before his mortgage is fully paid off then the balance of the mortgage is paid off from the mortgage insurance. But in the situation you have described in your question, it will not be so as before the death the mortgage agreement has been violated.
Caron Moderator Joined: 19 Jul 2005 Posts: 1519 Location: florida 281.04 Dollars($)	Posted: Tue Dec 12, 2006 8:52 pm    Post subject: RE: should anyone pay off the loan or will it go away Like 0 Dislike 0 Hi Jacklyn, The loan does not go away; the lender will be asking for payments even after your father-in-law passes away. He has to retrieve the money which he has offered along with the interest; otherwise, he'll suffer a loss. Even if your father-in-law's name is on the loan, after he dies, it has to be repaid by his daughter as her name is on the deed. So, in order to save the home from being taken away by the lender, she has to pay. Thanks, Caron.
sara Moderator Joined: 05 Jul 2006 Posts: 2645 Location: New Brunswick, New Jersey 488.43 Dollars($)	Posted: Wed Dec 13, 2006 12:23 am    Post subject: RE: what happens to home loan after borrower passes away? Like 0 Dislike 0 Hi Jacklyn, Quote: what if the lender does not know and my father in law passes, will my sister in law still have to pay the mortgage? The lender may come to know of it as he will be collecting the payments on a monthly basis. So, if the loan remains unpaid after your father-in-law's death, the lender will demand it from the daughter. That's because she is the current owner of the property which is kept as security. Thanks, Sara
JOHNN68 Guest	Posted: Sat Sep 20, 2008 3:54 pm    Post subject: MORTAGE Like 0 Dislike 0 iF I AM ON THE MORTAGE PAYMENT BOOKS AND MY FATHER DIES, DO I INHERIT THE HOUSE?
vegas_storms Joined: 12 Sep 2008 Posts: 67 3.54 Dollars($)	Posted: Sat Sep 20, 2008 5:03 pm    Post subject: Like 0 Dislike 0 "If" your on the loan and title you may receive half the house but, to inherit the rest of the house or your father's part you would need to be in his will. _________________ Top 100 Mortgage website www.mortgagebreakdown.com Information given is an opinion, for true legal advice please consult an attorney.

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