Navigating Loss: When to Notify a Mortgage Company of Death | Griffin Funding (2024)

By Bill Lyons | Published on October 3, 2023

TABLE OF CONTENTS

    When someone passes away, their family is typically responsible for tying up their loose ends, which may mean contacting the mortgage company. If a deceased individual had an outstanding mortgage balance, notifying the mortgage company as soon as possible can clarify the next steps concerning the property and repayment of debts.

    Failure to communicate this information to the mortgage company can lead to complications, misunderstandings, and financial repercussions. Even after someone passes away, their debts, including their mortgage, don’t disappear. Depending on the circ*mstances, they may fall onto the shoulders of their heirs or the estate.

    Keep reading to learn more about when to notify a mortgage company of death and why it’s important.

    KEY TAKEAWAYS

    • Immediately contacting the mortgage lender when someone passes away is crucial to avoid misunderstandings and financial consequences.
    • Mortgages don’t disappear after death; they may still need to be repaid by heirs or the estate.
    • Dying without a will can complicate the process of managing the deceased’s mortgage.

    What Happens to Your Mortgage When You Die?

    Do you have to notify a mortgage company of death? Unfortunately, while your loved ones might be dealing with grief and trying to manage your affairs, your financial obligations will continue to demand attention. It’s essential to inform the mortgage company about a borrower’s death as soon as possible.

    When an individual passes away, their mortgage debt isn’t automatically dissolved. Instead, the responsibility to repay the loan may transition to heirs, the estate, or the co-borrower. If someone inherits the house, they can contact the lender about assuming a mortgage after death or refinancing it.

    Failing to communicate with the lender can lead to foreclosure if payments aren’t made, which means the loss of the property.

    The situation can be even more complicated if someone passes without a will. In this scenario, state law dictates how assets, including houses with mortgages, are disbursed. Often, the process can be long and tedious, with the property potentially subject to probate.

    In any case, whether there’s a will or not, the mortgage must be repaid, even after death.

    Notifying a Mortgage Company of Death: When and How

    Dealing with someone’s affairs, including contacting their mortgage lender, can be daunting, especially when they’re grieving. However, the deceased’s financial obligations must be addressed as soon as possible. Notifying the mortgage company of a death is crucial, and doing it immediately can prevent future complications.

    Typically, it’s best to notify the mortgage company promptly, with some states having requirements that allow you to do it within 30 days of someone’s passing. You can find their contact information on mortgage statements or by contacting your loved one’s estate attorney.

    Waiting too long to notify the mortgage company when the borrower dies can lead to accumulated late fees, missed payments, risk of foreclosure, and further complications if the property is part of an estate.

    How to notify a mortgage company of death

    When it comes to notifying the mortgage company, there’s a formal process you can follow. Some lenders might have specific procedures, but these general steps are common among them:

    • Notify the mortgage company in writing: Preparing a formal letter informing the mortgage company of the borrower’s death provides them with documentation. The letter should include the deceased person’s name, address, date of death, and mortgage or account number.
    • Provide a death certificate: You must supply the lender with a death certificate to officially confirm the borrower’s passing.
    • Present executor documents: If the deceased had a will and named an executor, the lender will require documents affirming their designation. In cases where there isn’t a will, an administrator appointed by the court can deliver the necessary documents.
    • Deliver contact information: Provide the mortgage lender with the contact details of the person handling the deceased estate. This tells them who to communicate with about future matters.

    Depending on the circ*mstances, the lender may require other documents like the will, trust paperwork, or probate court letters.

    Assuming a House With a Mortgage

    If you’ll be assuming a mortgage after a death, you’re responsible for certain obligations. When you inherit a house with a mortgage, you become liable for the mortgage payments. The property and its associated debts don’t disappear; they’re commonly transferred to the inheritor. If the mortgage isn’t paid, the property could be at risk of foreclosure.

    When someone passes, their heirs don’t automatically assume the home loan; it must be transferred. Transferring a mortgage after death involves the inheritor working with the mortgage lender to ensure a smooth transition.

    Here are the steps typically involved:

    1. Lawyer up: Inheritors should consult with an attorney as soon as possible. Real estate attorneys can provide guidance based on their specific situation and state laws.
    2. Gather documentation: Essential documents include the death certificate, deed to the house, current mortgage contract, and anything proving your right to the property.
    3. Contact the lender: Notify the mortgage lender about the death and express your intention to assume the loan. They’ll guide you through their specific process, which varies by institution.

    Navigating Loss: When to Notify a Mortgage Company of Death | Griffin Funding (6)

    Lenders require all individuals assuming mortgages after death to meet the “ability to pay” requirements. These requirements ensure the individual can repay the mortgage loan and involve a process similar to applying for a mortgage, such as credit checks, proof of income, and other financial verifications.

    If you can’t or don’t want to assume the mortgage loan, you have other options. One of the most common is to sell the home. The proceeds from the sale can then be used to pay off the mortgage. Heirs can also allow the house to be foreclosed upon. However, this may negatively impact the credit of the deceased’s estate, so most professionals advise against it.

    If the cost of assuming a mortgage after death is too high, heirs can try to refinance the mortgage loan, which might offer better interest rates and repayment terms that make monthly payments more manageable.

    How to Prepare Your Mortgage for After Death

    Preparing your mortgage for after death can reduce the burden on your loved ones. You can discuss these options with your heirs to determine the best one for your unique situation.

    Mortgage protection insurance

    One of the easiest ways to protect your mortgage and heirs is to invest in mortgage protection insurance (MPI).

    Mortgage protection insurance is designed to repay the balance of your mortgage if you pass away. Some policies also cover mortgage payments for a set period if you become unemployed or disabled. The amount of coverage typically aligns with the mortgage balance, and as you pay your mortgage over time, the coverage amount decreases.

    Unlike other life insurance policies, MPI policies usually assign the lender as the beneficiary to ensure the payout goes directly to them to repay the mortgage.

    Thoughtful estate planning

    Thoughtful estate planning is a more proactive approach that allows you to protect your heirs if you want them to assume the mortgage after your passing. Drafting a comprehensive will specifying how your assets, including property, will be divided can prevent legal battles among heirs.

    Additionally, you can transfer your property to a living trust to avoid the probate process, making it more affordable and less time-consuming for heirs after your passing. You can also pay more of your principal balance, reducing it to lessen the financial obligations of those who would assume your mortgage.

    Make sure to discuss your intentions and financial situation with your heirs to ensure they understand the mortgage and your plan for repayment to avoid surprises.

    Ensuring Proper Notification After a Borrower’s Death

    Knowing when to notify the mortgage company after a death is crucial for preventing financial complications, such as accumulated late fees, misunderstandings, and the risk of foreclosure. Gathering critical documents like the death certificate, property deed, and estate paperwork can ensure a smooth transaction.

    Additionally, partnering with a trusted mortgage company like Griffin Funding can simplify the process. We offer guidance and support tailored to these sensitive circ*mstances to help your heirs navigate the mortgage process when you pass away. Apply for a mortgage online today.

    Frequently Asked Questions

    Can a mortgage remain under a deceased person's name? Navigating Loss: When to Notify a Mortgage Company of Death | Griffin Funding (7)

    No, a mortgage can't remain under a deceased person's name. When the borrower passes away, the loan won't disappear. Instead, it needs to be paid.

    After the borrower passes, the responsibility for the mortgage payments immediately falls on the borrower's estate or heirs. Transferring the mortgage after a death may be allowed if they meet certain criteria.

    Is mortgage debt forgiven after death? Navigating Loss: When to Notify a Mortgage Company of Death | Griffin Funding (8)

    No, mortgage debt isn't forgiven after death. Instead, it becomes the estate's responsibility, and its assets can be used to pay off the mortgage. If someone inherits the property, they assume the mortgage and must pay it by continuing the regular payments or refinancing the loan into the heir's name. You can also sell a home with a mortgage, allowing you to pay off the balance in full.

    If the deceased has mortgage protection insurance, it'll pay the mortgage balance upon their death. However, you should check to see if they have a policy before assuming so.

    Who is responsible for mortgage payments after death? Navigating Loss: When to Notify a Mortgage Company of Death | Griffin Funding (9)

    After the borrower passes away, the estate is typically responsible for the mortgage payments. However, joint borrowers and co-signers become responsible if one passes away. This is common for spouses and other family members.

    If the property is inherited, the heir may take over the mortgage payments if they plan to keep the property.

    If you're unsure who should make mortgage payments after the death of a loved one, contact the mortgage lender as soon as possible. They can help you determine the next steps while giving you a grace period to get the deceased’s affairs in order.

    Navigating Loss: When to Notify a Mortgage Company of Death | Griffin Funding (10)

    Bill Lyons

    Navigating Loss: When to Notify a Mortgage Company of Death | Griffin Funding (14)

    Bill Lyons is the Founder, CEO & President of Griffin Funding. Founded in 2013, Griffin Funding is a national boutique mortgage lender focusing on delivering 5-star service to its clients. Mr. Lyons has 22 years of experience in the mortgage business. Lyons is seen as an industry leader and expert in real estate finance. Lyons has been featured in Forbes, Inc., Wall Street Journal, HousingWire, and more. As a member of the Mortgage Bankers Association, Lyons is able to keep up with important changes in the industry to deliver the most value to Griffin's clients. Under Lyons' leadership, Griffin Funding has made the Inc. 5000 fastest-growing companies list five times in its 10 years in business.

    Navigating Loss: When to Notify a Mortgage Company of Death | Griffin Funding (2024)

    FAQs

    Navigating Loss: When to Notify a Mortgage Company of Death | Griffin Funding? ›

    Notifying the mortgage company of a death is crucial, and doing it immediately can prevent future complications. Typically, it's best to notify the mortgage company promptly, with some states having requirements that allow you to do it within 30 days of someone's passing.

    When should you notify the mortgage company of death? ›

    You should notify a mortgage lender of a death as soon as you can, even if you don't yet have a death certificate. By notifying the lender early, the lender can let you know what documents you need to acquire, expediting the process and avoiding mistakes.

    Why shouldn't you always tell your bank when someone dies? ›

    Amy explains that waiting to inform the bank allows a family member time to gather all relevant information, including details on life insurance policies and electricity and utility bills. After notifying the bank, the account will be frozen, meaning nothing can be taken out or deposited.

    How to handle a mortgage after death? ›

    In most cases, the responsibility of the mortgage will be passed to the beneficiary of the home if there is a will. If you applied for your mortgage with a co-borrower or co-signer, the solution is relatively simple: The other party must continue paying the loan.

    How long can a mortgage stay in a deceased person's name? ›

    The general rule is that a mortgage may not stay in a deceased person's name, however exceptions may apply. Generally, if a person dies, the title will transfer. If the title transfers, it invokes a due-on-sale clause.

    Can I assume my deceased parents' mortgage? ›

    To assume a mortgage, you'll need to provide proof of inheritance to the mortgage servicer. This typically includes: Death certificate. Property deed.

    Do banks automatically get notified when someone dies? ›

    The next of kin must notify their banks of the death when an account holder dies. This is usually done by delivering a certified copy of the death certificate to the bank, along with the deceased's name and Social Security number, bank account numbers, and other information.

    What not to do when someone loses a loved one? ›

    Your place is to console, not to judge. Acknowledge the person's loss and avoid saying things like “I'm glad it was you and not me.” Don't tell anyone what to do or to change his or her feelings. Don't ask anything of a bereaved person other then what you might be able to do to help.

    Are bank accounts automatically frozen when someone dies? ›

    A deceased person's bank account is inaccessible unless you're a joint owner, a beneficiary of the account or the estate executor. Because joint ownership and beneficiaries can make a difference in how your bank account funds are distributed, planning is key.

    How long can a deceased person stay on a bank account? ›

    The Federal Deposit Insurance Corp. continues to insure accounts for six months after an account holder dies, allowing the surviving account holder to redistribute funds to other accounts to keep them insured. Once the period elapses, FDIC coverage stops.

    When a husband dies, does the wife get his social security? ›

    Social Security survivors benefits are paid to widows, widowers, and dependents of eligible workers. This benefit is particularly important for young families with children.

    What to do first after a spouse dies? ›

    This checklist can help, too.
    1. Call your attorney. ...
    2. Locate your spouse or partner's will. ...
    3. Contact your spouse's former employers. ...
    4. Notify all insurance companies, including life and health. ...
    5. Change titles on all joint bank, investment, and credit accounts. ...
    6. Meet with your accountant/tax preparer.
    Dec 19, 2023

    What happens when you inherit a house with a mortgage? ›

    If you inherit a home with a mortgage, you have the right to “stay and pay.” However, rightful heirs often encounter difficulty when dealing with the mortgage servicer to obtain information about the mortgage loan or learning about their options as an heir.

    Do mortgages have a death benefit? ›

    A mortgage life insurance policy is a term life policy designed specifically to repay mortgage debts and associated costs in the event of the death of the borrower. These policies differ from traditional life insurance policies. With a traditional policy, the death benefit is paid out when the borrower dies.

    What kind of insurance pays off a mortgage upon death? ›

    Mortgage life insurance, also called mortgage protection insurance (MPI) or mortgage protection life insurance, is a type of credit life insurance that covers your mortgage if you die before paying off your home loan.

    How does mortgage insurance work in case of death? ›

    If you die, your family doesn't see a lump sum of cash like they would with a typical life insurance policy. Instead, the money goes directly to your lender. When you receive a lump sum payment from a traditional life insurance policy, your family is the beneficiary and can spend the money however they please.

    What debts are forgiven at death? ›

    Upon your death, unsecured debts such as credit card debt, personal loans and medical debt are typically discharged or covered by the estate. They don't pass to surviving family members. Federal student loans and most Parent PLUS loans are also discharged upon the borrower's death.

    Do I need to notify the credit bureaus of a death? ›

    Notifying any one of the three credit bureaus -- Equifax, Experian, and TransUnion -- allows the individual's credit report to be updated with a deceased notice, which may help prevent theft of their identity.

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