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Updated over 8 years ago,
Death and mortgages
I am currently investigating a property headed to foreclosure. Two mortgages are in default because the owner overdosed back in 2015. I checked the death certificate and registry of deeds. The property is in the decedent's name only. She was not married at the time of death. The informants name on the death certificate was her son. I am assuming this owner did not have a will and the property will be in probate for a while.
What I am confused about is the mortgages. Are there clauses in most mortgages that speak about death terminating the contract or giving the next of kin some time to take over payments? Most conventional mortgages are not assumable, so does this mean who ever gets the house after probate will need to refi it?
When the mortgagor is dead what is standard protocol for a mortgagee to do?