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want to keep the house in the family

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memerem

Junior Member
What is the name of your state (only U.S. law)? Rhode Island

my house has an outstanding mortgage. I am 62 and without life insurance. My daughter found this house 10 years ago and as she wasn't able to buy it I bought it. now the question is, if I die before the mortgage is paid off how can she keep the house? is it as simple as stating my wishes in a will? thanks for any help.
 


rowz

Member
Oy!

When you pass then she can pay it off and keep it.




Oh....btw - the bank will stillwant their $$. so unless there is a life ins. policy or mortgage insurance that will pay off the loan then it will have to be sold to satisfy the debt and she/the heirs will share the rest.
 

nextwife

Senior Member
Are there other assets with which to pay your creditors? Maybe daughter should buy a cheap term policy on you to pay off the loan if you die?
 

anteater

Senior Member
Oh....btw - the bank will stillwant their $$. so unless there is a life ins. policy or mortgage insurance that will pay off the loan then it will have to be sold to satisfy the debt and she/the heirs will share the rest.
Unless the equity in the house is required to satisfy other legitimate creditors, that is incorrect.

Since it is a daughter who would be inheriting the house, the lender is precluded from exercising any due on sale clause. As long as the mortgage payments continue to be made, the lender would not be able to take any action.
 

nextwife

Senior Member
Unless the equity in the house is required to satisfy other legitimate creditors, that is incorrect.

Since it is a daughter who would be inheriting the house, the lender is precluded from exercising any due on sale clause. As long as the mortgage payments continue to be made, the lender would not be able to take any action.
That would only apply if she inherits it. IF it is deeded while the borrower is alive, Due on Transfer could apply.
 

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