If my mother died with an underwater mortgage and I’m staying in the house, what are my rights?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my mother died with an underwater mortgage and I’m staying in the house, what are my rights?

My mother and I shared a house for 12 years she passed away nine months ago. The underwater mortgage was in her name the utilities in mine. I’m also having work done on the house that had been neglected during her protracted illness. I have not paid the mortgage or insurance. I’ve stayed in the house and have kept the utilities up to date. I did pay rent to my mom when she was alive, but obviously no longer. If/when the house goes into foreclosure, do I have any rights re: staying here? Do I have squatters’ rights or adverse possession standing?

Asked on July 13, 2016 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you do not have any rights to stay in the home if and when it goes into foreclosure: your state does not recognize squatter's rights, and sharing a home with the owner's permission does not give rise to adverse possession (among other things, since you had permission, it was not "adverse"). Whomever acquires the home after foreclosure can remove you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption