Legal Question in Real Estate Law in Indiana

If a house is under a mortgage that was signed by only a deceased loved one, but deeded to another family member, will the surviving family member be financial responsible for the mortgage?


Asked on 1/17/14, 9:02 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

No, the surviving family member is not responsible for the debts of the decedent. However, the mortgage holder has a security interest in the house in order to protect its loan. If the loan isn't paid by someone, the mortgagor can foreclose and take the house. So, if someone wants to keep the house, someone had best pay the mortgage.

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Answered on 1/17/14, 4:28 pm


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