What happens if my father passed away and the house had a mortgage in his name only?

UPDATED: Sep 29, 2022

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What happens if my father passed away and the house had a mortgage in his name only?

My mother and I were quitclaim deeded the house 6 years ago. Can the bank foreclose on the property? We have been told that we have no financial responsibility on the loan but my mother and I would like to continue to live and keep the home. Is the loan collectible due to my father’s death 2 years ago?

Asked on September 2, 2015 under Real Estate Law, Illinois


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The bank can still sue because it had a promissory note to have the mortgage repayed. The security, however, is now questionable.  The mortgage company can probably still file a lien if it prevails on the note.  If you wish to live in the home, consider working with the mortgage company through your state or federal regulator to see if you can obtain a modification/refinance or something similar.

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