Legal Question in Real Estate Law in Florida

If someone does not pay the mortgage after you die, the property will be foreclosed on.

After your death, those that inherit your property will have to either take over the mortgage, sell the home, or allow it to go into default and foreclosure. If you do not have a will, then your estate will be distributed according to Florida law. Regards,

The mortgage goes with the property. If not paid, then a foreclosure will occur. All potential heirs and beneficiaries to the property will be named in the suit, but only those that signed the mortgage note (and possibly the mortgage deed) would be held liable for any deficiency judgement.

If the family maintains payments on the mortgage, then nothing will happen. The mortgage is not in default solely because you die.