Description: Attorneys in Melbourne, FL, serving all 67 counties. We are experienced in real estate, business law, civil litigation, estate planning, & probate.
The answer is maybe because Individual cases always vary, and your circumstances may have underlying facts or conditions that may affect whether a mortgage may stay in a decedent\u2019s name. The general rule is that a mortgage may not stay in a deceased person\u2019s name. However, exceptions may apply. Generally, if a person dies, the title will transfer. If title transfers, it invokes a \u201cdue-on-sale\u201d clause. \u201cDue-on-sale\u201d clauses can be fought with certain exemptions under federal law
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