Legal Question in Wills and Trusts in Florida

I have been willed a home with a morgage.If i want to keep the house do i need to pay off the morgage? if i sell the house does the morgage company take there money in the sale?


Asked on 12/09/11, 12:50 pm

3 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

the mortgage does not go away without it being paid. The bank may let you refinance through them, or they may require that you find funding from another source. If you sell the home, the bank will get the amount they are owed from the sale, and if any is left over you will get that.

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Answered on 12/09/11, 12:53 pm

The mortgage goes with the house, and you don't have to refinance it or pay it off. It is not an assumption but an inheritance.

You will have to notify them of the inheritance so that bills come to you. But don't sign anything causing you to become liable on the mortgage.

When you sell it, you will have to pay off the mortgage.

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Answered on 12/09/11, 2:20 pm
David Slater David P. Slater, Esq.

The estate is responsible for the mortgage debt. If not paid, the lender may foreclose.

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Answered on 12/09/11, 3:35 pm


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