Estates and Inherited Homes

Inherited a home with a mortgage? Know what comes with it.

When a homeowner dies, the mortgage stays with the property, and the servicer often refuses to speak with the family. Federal rules give heirs a path to be recognized, and federal law limits a lender's power to call the loan due because of the transfer. Before you decide to keep, sell or refinance, you need to know what is owed and whether the record holds up.

The Records

What you have probably never been shown.

These records decide what you owe and who can collect it. They are rarely sent to you, and almost never explained. We request them, examine them and tell you in plain language what they prove and what they do not.

  • The current balance, escrow account and payment history on the loan
  • Who owns the loan and who services it
  • The recorded title chain, including liens that were never released
  • What the servicer requires before it will recognize you
What We Check

The rules your file is measured against.

01

Getting recognized

When a possible heir writes to the servicer, the servicer has to respond with a description of the documents it needs to confirm that person. Once confirmed, an heir is treated as a borrower under the federal servicing rules.

12 CFR 1024.36 · 12 CFR 1024.30
02

The limit on calling the loan due

For homes with fewer than five units, a lender generally may not demand full payment because the property passed to a relative when the borrower died, or because it was placed in a living trust the borrower still benefits from.

12 USC 1701j-3
03

What is owed

We reconcile the servicer's payment history, escrow account and fees, so the estate works from a verified figure.

12 CFR 1024.35 · 12 CFR 1024.36
04

Who can enforce the loan

We document who owns the loan and whether the transfers behind it were recorded.

County land records
05

The title

We check for unreleased liens and gaps that would hold up a transfer, a sale or a refinance.

County land records
After the Record Goes Out

What a corrected record can lead to.

We do not promise results, and every file depends on what its records show. When a dispute is documented and pursued properly, these are outcomes it can produce:

  • Recognition by the servicer so you can get information and be heard on the loan.
  • A verified balance for the estate, a sale or a refinance.
  • Errors corrected in fees, escrow or how payments were applied.
  • A clear picture for your estate planner of what is owed and who can enforce it.
  • A record that holds up. Then you know the obligation is sound, in writing, and can plan around it.
See the Work

If the home is headed to a foreclosure sale.

The payoff figure decides what is left for the estate after a sale. The video explains who calculates it and how to get the math in writing, and the sample report shows what a finished examination looks like.

Video · 1 min 35 sec

Who does the trustee work for?

A foreclosure sale is run by a substitute trustee who is expected to be neutral. This short video follows the money from the high bid to the surplus, names the three documents that decide the number, and gives four ways to get the math in writing.

Sample report · PDF · 12 pages

What an examination produces

A complete sample examination record, with every figure made up for illustration. It shows the determination on each element the other side has to establish, the charge-by-charge audit, the response deadlines, and what a homeowner can do with the result.

Open the sample report
Common Questions

What people ask.

Do I have to pay off the mortgage when I inherit the house?

In most cases, no. For homes with fewer than five units, federal law generally bars a lender from demanding full payment just because the home passed to a relative at the borrower's death. The loan continues on its terms, and payments still have to be made to avoid default.

The servicer will not speak to me. What can I do?

Write to the servicer at its address for information requests, say that you are a possible heir, and ask what documents it needs. The servicer has to answer in writing with that list. We prepare the request and track the response.

How does this help with an estate plan?

An estate plan is built on what you own and what is owed against it. We give you and your estate planner the facts from the record: the balance, who can enforce the loan, and whether the title is clear. Your attorney or planner decides which protections fit.

Can you stop a foreclosure on an inherited home?

We do not promise outcomes. We can move quickly to get you recognized by the servicer, examine the file for errors under the federal servicing rules, and put what we find in writing while there is time to use it.

Want to know what your own records show?

Upload your documents and we will send a free summary of what the record establishes, what is missing and why it matters.

Upload your documents, free