• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How to continue living in the house after mom died in arizona

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Lilly2012

Junior Member
What is the name of your state (only U.S. law)? arizona
My mom died 2 years ago and left a mortgage in arizona with chase on the house that we are living in, myself 65, my son 21 and my mothers companion 88 of 40 years that have lived in for many years. I have been paying the mortgage, taxes and ect since her death but do not have the credit at this time to get a new mortgage. Can I assume the loan even with out good credit. how long do I have to assume the mortgage or can I just keep paying it until it and living in the house until it ends in 2020.
 


FlyingRon

Senior Member
You can continue paying the mortgage if you want. Transfer of property to the heirs of the borrower is barred from triggering a due-on-sale clause.

Independent of the mortgage, you will want to get the house properly transferred to you. There's a small estate procedure in your state that probably applies in this situation.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? arizona
My mom died 2 years ago and left a mortgage in arizona with chase on the house that we are living in, myself 65, my son 21 and my mothers companion 88 of 40 years that have lived in for many years. I have been paying the mortgage, taxes and ect since her death but do not have the credit at this time to get a new mortgage. Can I assume the loan even with out good credit. how long do I have to assume the mortgage or can I just keep paying it until it and living in the house until it ends in 2020.
Are there any other possible heirs, such as a spouse of your mom's or siblings of yours?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? arizona
My mom died 2 years ago and left a mortgage in arizona with chase on the house that we are living in, myself 65, my son 21 and my mothers companion 88 of 40 years that have lived in for many years. I have been paying the mortgage, taxes and ect since her death but do not have the credit at this time to get a new mortgage. Can I assume the loan even with out good credit. how long do I have to assume the mortgage or can I just keep paying it until it and living in the house until it ends in 2020.
As long as the mortgage gets paid, the bank has no interest in trying to foreclose.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top