Can a Mortgage Stay in the Name of a Deceased Person?

The answer is maybe because Individual cases always vary, and your circumstances may have underlying facts or conditions that may affect whether a mortgage may stay in a decedent’s name.

  • The general rule is that a mortgage may not stay in a deceased person’s name. However, exceptions may apply.

  • Generally, if a person dies, the title will transfer. If title transfers, it invokes a “due-on-sale” clause.

  • “Due-on-sale” clauses can be fought with certain exemptions under federal law, including when property transfers to a spouse or child of the borrower on their death and the mortgage was on the family home.

If you're the heir of a deceased person who still has a mortgage on their property, you'll need to take action immediately.

The best way to deal with a deceased person's property is to consult a probate and real estate attorney to review mortgage documents to determine whether an exemption to the due-on-sale clause applies to your situation.

Read this article for more information on whether a mortgage may stay in a deceased person's name.

  • Published: Oct 9, 2022
  • Updated: Dec 25, 2023

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This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

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