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Managing Complex Mortgage Issues After Someone Passes Away

Last updated on July 5, 2023

Mortgages are a very complex issue to resolve following the death of a signatory or co-signatory. Whether the person who passed away is your spouse, parent or another relative, you are likely wondering what will happen to the mortgage upon probate.

At Boyer Law Group, we can assist you with this question and many others that arise relating to real property and probate law. Our legal team has decades of experience assisting clients in Nevada as well as out-of-state who need counsel regarding the sale, distribution, tax penalties, mortgage and other issues associated with real property and probate.

What Will Happen To The Mortgage?

woman holding small house in hand

In Nevada, mortgagees on real property are secured and therefore do not require a creditor’s claim in probate proceedings. Under the Garn-St. Germain Depository Institutions Act of 1982, creditors cannot force surviving relatives to sell a piece of real estate. You have the right to continue making mortgage payments; however, it does not mean that you have assumed the loan.

Fortunately, inheritors can assume the mortgage without having to go through the loan application process. Even so, it is crucial that you have attorneys to advocate for you, explain options such as selling the property and uphold your rights. If you do not, you stand to make expensive mistakes that could cost you the house.

Reaching Beyond State Borders To Help You

Based in Las Vegas, we frequently work with clients who reside out-of-state or who own vacation properties in the area. If your loved one owned real property that has a mortgage based in Nevada, you will need assistance from an in-state probate attorney. If you have already hired a law firm based in your home state, we will collaborate with them to explain local and state regulations, appear in-person at court hearings and perform other important tasks on the ground.

Get More Probate Info On Mortgages From Us

For knowledgeable counsel regarding the difficult legal areas of real property and probate, you can turn to Boyer Law Group. Contact our law office to request a free initial consultation with one of our team members. Call us at 702-255-2000 or send us an email to begin.

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