What happens to a mortgage when someone dies?

Core Points - Understanding the implications of a mortgage when a homeowner dies is crucial for family members to manage the property effectively [1] - The mortgage is tied to the property, not the individual, meaning payments must continue to avoid foreclosure [1][19] - Family members can assume mortgage payments without triggering the due-on-sale clause due to the Garn-St. Germain Act [2][3] Group 1: Mortgage Responsibilities - Heirs are typically not responsible for mortgage payments unless they were co-signers on the original loan [4] - If a surviving spouse is on the mortgage, they can continue making payments without needing a new mortgage [10] - If the deceased leaves the home to someone in their will, the property goes through probate, and mortgage payments must still be made [11] Group 2: Inheritance Scenarios - The relationship between the deceased and the inheritor, as well as whether the inheritor was on the mortgage, affects the inheritance process [5] - If a surviving spouse is not on the mortgage or deed, the process for assuming ownership can be complicated [9] - In cases where there is no will, state intestate succession laws determine ownership, which can lead to disputes among family members [13] Group 3: Estate Planning Recommendations - Creating a basic estate plan, including a will, can help ensure a smooth transfer of property upon death [14] - Ensuring the property is titled appropriately can prevent complications for heirs [15] - Life insurance policies or transfer-on-death accounts can provide liquidity to cover mortgage payments after a death [16][17]