For many people, their home is the single biggest asset of their estate. Unfortunately, if there is an outstanding mortgage on the home at the time that someone passes away, the loan must still be paid back. Failure to pay a mortgage on a home could result in foreclosure during a San Diego probate administration. It is vital that the personal representative of the estate understand how mortgage repayment works when there is real estate involved. Losing the house to foreclosure could be a costly turn of events for the beneficiaries and heirs of the decedent.
Since it is clear that preserving the assets of an estate is an important part of the probate administration process, why do homes end up in foreclosure? The following are six factors that contribute to the possibility of a default on a mortgage during an estate administration:
- The personal representative waits too long to seek guidance from a knowledgeable attorney.
- The property that is facing foreclosure during the probate administration in San Diego is the only asset of the estate.
- Property values have declined, and the property is now worth less than the balance of the outstanding mortgage.
- The personal representative does not understand that the mortgage must continue to be paid during the probate administration process.
- The personal representative mistakenly believes that mortgages are forgiven when the borrower dies.
- The personal representative is not aware that there is an outstanding mortgage on the property.
Understanding how mortgages are treated during the probate process is an important step towards protecting the property from falling into default. Mortgage loans are just one of many potential debts of an estate, however. Our article, “San Diego Probate Administration: Paying Debts of the Estate,” provides a detailed listing of the potential debts that an executor or administrator may face. For assistance with dealing with this and other estate matters, contact an experienced attorney.
When a mortgage loan is in default, every passing day is crucial to the estate’s ability to md San Diego probate administration attorney today. Call The Grossman Law Firm today at (888) 443-6590.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307