Your mortgage doesn't just disappear when you pass away. If you've bequeathed your home to a beneficiary, they'll inherit the balance on your home loan as well as the property itself. If the lender doesn't receive prompt payment, it can impact your credit score or even lead to foreclosure.
If your surviving spouse isn't on the mortgage, federal law provides protections allowing them to assume the mortgage and keep the home. This is assuming they (and not someone else) inherit the property. The surviving spouse must also be able to afford the mortgage payments to assume the mortgage.
A disadvantage is when the home's purchase price exceeds the mortgage balance by a significant amount, requiring you to obtain a new mortgage. Depending on your credit profile and current rates, the interest rate may be considerably higher than the assumed loan.
You'll typically only be able to transfer your mortgage if your mortgage is assumable, and most conventional loans aren't. Some exceptions, such as the death of a borrower, may allow for the assumption of a conventional loan.
Even if the deceased homeowner signed a valid will that leaves the home to someone else, then the title of the home will go to that beneficiary. However, the beneficiary is not responsible for the mortgage unless he/she/they legally take over the mortgage in a process known as “assumption.”
An assumable mortgage allows you to take over someone else's home loan, often at a lower interest rate. Here's how it works: You're able to get a lower interest rate than the existing borrower. This can help you lower your monthly payments by making them more affordable.
You'll have to pay closing costs on a loan assumption, which are typically 2-5% of the loan amount. But some of those may be capped. And you're unlikely to need a new appraisal. So you may pay less on closing than a 'typical' home purchase — but only a bit less.
To assume a mortgage, your lender has to give you the green light. That means meeting the same requirements that you'd need to meet for a typical mortgage, such as having a good enough credit score and a low debt-to-income (DTI) ratio.
Assumptions and Their Disadvantages
Assumptions, when left unexamined, can pave the way for a multitude of disadvantages. They create blind spots in decision-making, clouding our judgment and leading us down paths that may not align with our goals.
All successors in California have a right to apply for an assumption of the loan, as long as the loan is assumable. The servicer may evaluate your creditworthiness, including your credit scores, when considering you for an assumption.
Should the husband pass away before his wife, the home will not automatically pass to her by “right of survivorship”. Instead, it will become part of his probate estate. This means that there will need to be a court probate case opened and an executor appointed.
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.
If you inherit a home after a loved one dies, federal law makes it easier for you to take over the existing mortgage. If your spouse passes away, but you didn't sign the promissory note or mortgage for the home, federal law clears the way for you to take over the existing mortgage on the inherited property more easily.
There is no set time for when a house needs to be cleared. It is the responsibility of the deceased's family to ensure all items are removed from the property. Once this is done, the house can be sold, with the proceeds then being distributed to all designated heirs.
The Drawbacks of Mortgage Assumption
In a simple assumption, the seller remains liable for the outstanding mortgage debt. If the buyer defaults on payments, both parties' credit scores are affected. This shared risk can strain the relationship between buyer and seller and lead to financial repercussions for both.
Both parties must agree, and the lender must approve the transfer, which can be a time-consuming and intricate process. Additionally, the spouse assuming the mortgage must qualify for the loan on their own, often requiring a strong credit score and sufficient income.
The mortgage balance, interest rate, and repayment schedule all carry over to the buyer. However, only Federal Housing Administration (FHA) loans, U.S. Department of Agriculture (USDA) loans, and U.S. Department of Veterans Affairs (VA) loans can qualify. Conventional mortgages cannot be assumed.
Unless you're assuming a mortgage privately from someone you already have a close relationship with, you'll likely go through underwriting to transfer financial responsibility. The seller's lender will put you through an approval process that requires documentation and information typical of a mortgage application.
You'll need to qualify for the mortgage that you're assuming, which means you may need a credit score of at least 500 for an FHA loan or 620 for a VA loan. Although a higher credit score won't lead to a lower interest rate—because you're taking over the current loan's rate—it might increase your chances of approval.
You Pay the Seller Instead of Making a Down Payment
When you assume a loan, you do not have to make a down payment. Instead, you pay the seller compensation for the equity they have built in the home, or the difference between their mortgage balance and what the home is worth.
To take over the mortgage of an inherited house, you'll need to talk to the loan servicer first and let them know you've inherited the property. You'll likely need to provide proof of death and documents that prove you're the rightful heir to the home.
For an official transfer, you'll need to work with your lender to initiate and complete the process. There are also unofficial transfers, where the original borrower continues paying the loan using funds from the new borrower (and neither party notifies the lender).
Typically, removing a name from a mortgage could require you to pay off the loan in full or refinance it with a new loan. But, there are alternatives where you can take over the loan without paying off it off or refinancing. These could include mortgage assumption, loan modification and bankruptcy.