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My father died and the mortgage was under his name. The house is under my mother’s name. How does my mother go about taking on the mortgage without having to pay for my father’s other debt that my mother is not responsible for because my father never had a Will?

Asked on February 20, 2019 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

She could refinance the loan in her own name: there is no way to take over an existing mortgage unless the lender were to voluntarily let you do so, but they are not required to let you do this--they can have a blanket refusal, or could condition taking over the existing loan on also assuming and paying whatever other debts your father had with them or their affiliates. So if the mortgagee (the lender) will not voluntarily let your mother take over the existing mortgage, she'd have to look to taking out a new loan, with them or some other lender, and using it pay off the existing loan. 

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