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Palm Harbor, FL |

How dose tenants clause work? My mother has it our morage with me on it but im mot sure as to what hapens now that she has passed on.

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Attorney answers 4


I am not sure what you are referring to by the term "tenants clause". Are you referring to the fact that you and your mother were both on a mortgage together in the dwelling where you reside? this property being rented out to tenants and you have a question from a Landlord's perspective?


If you mean that your mortgage states that all leases or tenant rights subordinate to the mortgage, it means that the mortgage can extinguish any tenant/leasehold rights which one would have under a written lease agreement. The exception occurs where the lender signs off on an attornment agreement.


Your question is somewhat murky (and I am not familiar with the term "tenants clause"), but I am assuming that you and your mother co-owned a home and that you were both mortgagors (borrowers) on the mortgage loan. I further assume that your ownership with your mother was either as "tenants in common" ("TIC")or as "joint tenants with rights of survivorship ("JTROS")."
If the home ownership was TIC then when your mother died her 1/2 ownership passed to her estate and must be distributed through probate to her heirs according to her will or, in the absence of a will, according to FL intestate law.
If ownership was JTROS, then when she died her 1/2 ownership passed automatically by operation of law directly to you and you are now the 100% owner.
In either case, your obligations under the mortgage are most likely "joint and several", meaning that both you and your mother were both fully responsible for the mortgage payment. Now that she has passed away, you remain fully responsible to make the payments.
You are encourgaged to consult with an attorney as to your rights and obligations in this matter.
Sincerely, Michael Hagen


As with other responders, I am not sure what you are referring to, and even if we guess or assume, the actual language is vitally important in any contractual relationship. From the question, I want to assume that your mother, who has passed away, held a mortgage on your home, and within that mortgage there is a "tenants clause?" Typically the reference would simply state that the mortgage is superior to any claim of occupancy of any tenant, although in the context of your question it could be anything. More information is needed, but you should probably take the actual documents and your questions to a local attorney and review your rights and options.

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