Notify the mortgage company of a death as soon as you have a certified death certificate in hand, ideally within 30 days. No federal law sets a specific deadline, but the mortgage doesn’t pause because the borrower died, and the federal protections that shield heirs from immediate payoff demands only apply once the servicer knows the borrower has passed and who you are.
The 30-Day Target, and the 90-Day Risk Line
Many people wait to call the servicer until they have court-issued letters of authority alongside the death certificate. That’s understandable, since the lender will eventually require both. But calling early, even before every document is in hand, gets the death on the servicer’s radar and often triggers internal protections against premature collection activity.
Thirty days from the date of death is a reasonable target. Going beyond 90 days without contact creates real risk, especially if monthly payments have lapsed. Every missed payment moves the loan closer to default, and once a servicer begins foreclosure proceedings, unwinding that process takes far more time and money than preventing it.
Who Is Allowed to Make the Call
Lenders will only discuss loan details with someone who has documented legal authority over the deceased’s affairs. If the borrower left a will, that person is the executor named in it. If there was no will, a probate court appoints an administrator to fill the same role. Either way, you’ll need court-issued paperwork proving your authority before the servicer will share account information or discuss next steps.
If the property was held in a living trust, the successor trustee named in the trust document is the right person to make contact. A surviving co-borrower on the loan or a joint tenant on the property deed can also contact the servicer directly, since they already have an ownership interest the lender can verify without court paperwork.
For smaller estates that don’t go through full probate, many states allow heirs to use a small estate affidavit to claim authority over the deceased’s property. Dollar thresholds vary widely by state. A small estate affidavit may be enough to get the conversation started with a mortgage servicer, though some lenders are more familiar with this process than others.
Keep Payments Moving Before and After the Call
This is where families most often stumble. The deceased borrower’s bank account is typically frozen once the bank learns of the death, which means any autopay arrangement for the mortgage will fail. If you’re the executor, a co-borrower, or a successor trustee, arrange to make payments from estate funds or your own accounts while probate moves forward. You can seek reimbursement from the estate later.
No federal law requires mortgage servicers to waive late fees during the notification period after a borrower’s death. Some servicers will do so voluntarily as a courtesy once they confirm the borrower has passed. It’s worth asking, but don’t count on it. The safest path is keeping the loan current from day one.
What to Have Ready Before You Call
Before you contact the mortgage servicer, gather the following:
- Loan account number: found on any monthly mortgage statement.
- Borrower’s full name and Social Security number.
- Property address.
- Certified death certificate: the lender needs at least one original certified copy, not a photocopy. Order several certified copies from the state vital records office, since the mortgage company won’t be the only institution requesting one. Fees for certified copies range from roughly $5 to $34 depending on the state.
- Proof of your legal authority: Letters Testamentary if you’re an executor, Letters of Administration if you’re a court-appointed administrator, or trust documents naming you as successor trustee.
Some servicers also ask for a copy of the will or trust agreement. Have these ready even if the lender doesn’t explicitly request them during the first call.
How to Make Contact
Call the customer service number on the mortgage statement or the servicer’s website and ask for the department that handles deceased borrower accounts. Most large servicers have a dedicated team for this, sometimes called the estate or probate department. Those specialists deal with bereaved families regularly and tend to be more patient and knowledgeable than general customer service agents.
Follow up the phone call with a written notification sent by certified mail with return receipt requested. The letter should include the borrower’s name, loan number, date of death, your name and contact information, and a brief statement of your legal authority. Enclose copies of the death certificate and your letters of authority. Certified mail creates a paper trail proving when the lender received notice, which matters if any dispute arises later about the timeline.
What the Lender Can and Can’t Do Once Notified
Many families worry that the lender will demand the entire loan balance the moment the borrower dies. Federal law prevents that. The Garn-St Germain Act prohibits lenders from enforcing a due-on-sale clause when a property transfers to a relative because of the borrower’s death, or when a joint tenant or co-owner inherits through survivorship.1Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions This protection applies to residential properties with fewer than five units.
The law covers two common inheritance scenarios. First, any transfer to a relative resulting from the borrower’s death is protected. Second, a transfer by devise, descent, or survivorship when a joint tenant or co-owner dies is also protected, regardless of the heir’s relationship to the borrower.1Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions In practice, the lender must let you continue making payments under the existing loan terms rather than calling the loan due.
Successor in Interest Rights
Beyond Garn-St Germain, federal mortgage servicing regulations give heirs additional rights. Once a servicer learns that the borrower has died, it must promptly reach out to potential successors, explain what documents are needed to confirm their status, and begin communicating about the loan.2eCFR. 12 CFR Part 1024 Subpart C – Mortgage Servicing
Once confirmed, a successor in interest is treated as a borrower under federal servicing rules. You’re entitled to the same account information, the same error resolution process, and the same loss mitigation options the original borrower would have received. You do not have to formally assume the loan to access these protections, including the right to apply for a loan modification or forbearance.3Consumer Financial Protection Bureau. 1024.41 Loss Mitigation Procedures
There is an important limit. While you’re treated as a borrower for servicing purposes, you are not personally liable for the mortgage debt unless you formally assume the loan. The lender keeps a security interest in the property and can foreclose if the loan goes unpaid, but it cannot come after your personal assets to cover the balance.2eCFR. 12 CFR Part 1024 Subpart C – Mortgage Servicing
Reverse Mortgages Run on a Tighter Clock
If the deceased had a reverse mortgage, typically a Home Equity Conversion Mortgage, the timing rules are different. The loan balance becomes due and payable upon the borrower’s death, and the lender will send a notice to the heirs.
Once you receive that notice, you have 30 days to decide whether to buy the home, sell it, or turn it over to the lender.4Consumer Financial Protection Bureau. With a Reverse Mortgage Loan, Can My Heirs Keep or Sell My Home After I Die In practice, the servicer can extend this initial period to six months to give heirs time to arrange financing or list the property for sale. Beyond that, HUD may approve up to two additional 90-day extensions if heirs can show they’re actively marketing the home, bringing the total possible timeline to roughly 12 months.5HUD. Handbook 7610.1 – HECM Servicing
One advantage for heirs: if the home is worth less than the reverse mortgage balance, you can satisfy the loan by selling the property for at least 95 percent of its current appraised value. Federal mortgage insurance covers the remaining shortfall, so heirs are never stuck paying the difference out of pocket.4Consumer Financial Protection Bureau. With a Reverse Mortgage Loan, Can My Heirs Keep or Sell My Home After I Die
Other Notifications on the Same Timeline
The mortgage servicer isn’t the only party that needs to hear from you in the weeks after the death. Missing these can create problems that compound quickly.
Homeowners Insurance
Most homeowners insurance policies give you roughly 30 days after the policyholder’s death before coverage lapses or the insurer cancels. Contact the carrier promptly to update the policy or arrange new coverage. If the home sits vacant during probate, standard policies may exclude coverage, and you might need a separate vacant-property rider. A lapse also violates most mortgage agreements and gives the servicer grounds to force-place expensive insurance at your cost.
Property Taxes
Property taxes keep accruing regardless of the estate’s status. If the mortgage had an escrow account covering taxes, those payments should continue as long as the mortgage is current. If there was no escrow arrangement, someone needs to pay the bills directly. Unpaid property taxes lead to tax liens, and in many jurisdictions a tax lien can result in losing the property entirely. The risk is especially sharp for heirs who inherit informally and haven’t yet updated the deed.
Credit Bureaus
Notifying the credit bureaus of the death helps prevent identity theft. You can contact any one of the three major bureaus to report the death, and that bureau will notify the other two. The deceased’s credit file will be flagged, which blocks fraudulent new accounts. This step doesn’t affect the mortgage, but it protects the estate from a different kind of headache.