If I have been paying for the mortgage on my deceased mom’shouse house even though my name is not on the loan, am I now legally responsible for it?

UPDATED: Oct 23, 2011

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If I have been paying for the mortgage on my deceased mom’shouse house even though my name is not on the loan, am I now legally responsible for it?

We have joint CD’s in the bank. If I “give the house back” to the bank, can they take the money out of the CD’s to satisfy the loan?

Asked on October 23, 2011 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are not on the loan secured by a mortgage on your deceased mother's home, you are not legally obligated on the loan. The home that has the mortgage secured upon it could be lost in a forclosure if payments are stopped by you.

If the certificate of deposits that you are writing about are joint tenancy deposits, then when your mother passed, the deposits in these bank accounts became yours as a matter of law and would not be able to be obtained by the bank if the home that your mother owned was lost in a foreclosure.

If the loan secured by the mortgage on your mother's home was a purchase money loan (loan used to get the property) and if your state has anti-deficiency laws concerning these type of loans, the recourse of the lender is solely the home secured by the mortgage.

I recommend that you consult with an experienced real estate attorney about your situation further.

Good luck.


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