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What Happens to Your Mortgage Account When You Die

Continue PaymentsEstate Debt
Continue making mortgage payments to avoid foreclosure. Federal law (Garn-St Germain Act) allows family members to assume the mortgage.

Quick Facts

Deadline

Keep current on payments

Difficulty

Hard

Key Info

Federal law protects heirs assuming mortgage

Step-by-Step Guide

1

Document mortgage details

Note your lender/servicer, loan number, monthly payment, and payoff balance.

Estimated time: 10 min

2

Continue making payments

Keep the mortgage current. Missing payments can trigger foreclosure proceedings.

Warning: Do not stop making payments. Foreclosure can begin after 120 days of non-payment.

3

Notify the servicer

Contact the mortgage servicer with Death Certificate. Ask about assumption options for surviving family.

4

Heir assumes or pays off

Family member can assume the mortgage under federal law, refinance, or the estate can pay it off / sell the property.

Document Now Checklist

  • Lender/servicer name
  • Loan number
  • Monthly payment
  • Payoff balance
  • Interest rate
  • Property insurance details

Last verified: June 2026. Platform policies may change. Verify current procedures directly with Mortgage. This guide is for informational purposes only and does not constitute legal advice.

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