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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11155
Experience:  30 years as a practising solicitor.
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Our son died intestate with a mortgage. I am his mother and

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Our son died intestate with a mortgage. I am his mother and applied alone, for grant of representation, due to be granted soon. We, our dead son's parents are keeping up his mortgage payments to avoid arrears. We wish to reduce the mortgage by a lump sum (we can't afford to pay off the mortgage completely), then pass on the reduced mortgage to our surviving son (his blood brother). Question: will this be complicated in law?
Submitted: 11 months ago.
Category: Law
Expert:  JGM replied 11 months ago.

What will have to happen is that your surviving some will have to essentially purchase the house from the estate by getting a mortgage for the amount needed to redeem your late son's mortgage account less any lump sum paid towards it beforehand. The current lender can't just pass the mortgage account to your surviving son. He would have to take title to the house from the estate and take a mortgage out in his own name to repay the mortgage debt in your late son's name. It's not complicated but it will mean some conveyancing work and a mortgage application by your son.

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