Assuming a Mortgage After Death: The Process and Pitfalls

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Losing a loved one is a time of hard decisions. What to do about their home and mortgage is often one of the biggest choices family members need to make. If you’re facing the task of assuming a mortgage after a death, it’s important to understand the process and be aware of potential pitfalls.

In this guide, we’ll explain what it means to assume a mortgage, and how to move forward with confidence.

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Understanding mortgage assumption

When you assume a mortgage, you take over the seller’s existing loan terms. This typically includes the interest rate, remaining loan balance, and the established repayment period.

Unlike a standard mortgage, when you’re buying a home with your own new financing, assuming a mortgage means you agree to step into someone else’s loan contract. In this case, the original borrower who has passed away.

However, most lenders still require approval for a mortgage assumption, which involves assessing your creditworthiness. There is some flexibility when a death is involved, which we’ll discuss more below.

The legal groundwork for mortgage assumption

It’s important to understand the legal framework of assuming a mortgage to ensure a smooth transition. Here’s what you need to know:

  • Estate planning documents: Check the deceased’s will or estate plan for any specific instructions regarding the property and mortgage.
  • Probate process: If the property is part of the estate, it may go through probate, where a court oversees the distribution of assets.
  • Lender notification: It’s essential to notify the lender as soon as possible about the death and your intention to assume the mortgage.
  • Successor’s rights: Some states have specific laws protecting the rights of successors, especially spouses or children, in assuming a mortgage.

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