How can I get a payoff statement or account history on a deceased person’s mortgage when I’m handling the estate? – North Carolina

Short Answer

In North Carolina, the safest way to obtain a deceased borrower’s mortgage payoff statement or account history is for the estate’s court-appointed personal representative (or the personal representative’s authorized attorney) to make a written request and include proof of authority (certified Letters Testamentary or Letters of Administration) plus a certified death certificate. For a payoff statement tied to real property, North Carolina law generally requires the secured creditor to provide a payoff statement within 10 days after receiving a compliant written request with a payoff date no more than 30 days out. If the servicer still refuses to communicate, the next step is usually escalating to the lender’s probate/estate or legal department and, if needed, seeking a court order.

Understanding the Problem

In North Carolina probate administration, a common issue arises when a personal representative needs mortgage information after a borrower’s death. The decision point is whether the person requesting the information has legal authority to act for the estate, so the lender can release a payoff statement or an account history without violating privacy rules. The request often matters most when the estate must keep payments current, sell real property, refinance, or confirm the amount needed to pay off a lien at closing.

Apply the Law

North Carolina law recognizes that certain people are entitled to request and receive mortgage payoff information for a loan secured by real property, and it sets basic rules for what a payoff request must include and how quickly the secured creditor must respond. Separately, mortgage servicers have duties to respond to certain written requests for information about a home loan account. In practice, lenders typically require proof of death and proof of the requester’s authority to act for the estate before they will release detailed loan information.

Key Requirements

Proof of authority to act for the estate: The request should be made by the court-appointed personal representative (executor/administrator) or an authorized agent (often the attorney) and should include certified Letters Testamentary or Letters of Administration.
Written request with identifying loan and property details: The request should clearly identify the borrower, the property address, and the loan account number (or enough information for the servicer to locate the loan) and should specify whether the request is for a payoff statement or for account history.
Payoff date and timing limits: For a statutory payoff statement request, the request should include a payoff date that is not more than 30 days after the request, and the secured creditor generally must send the payoff statement within 10 days after an effective request.

What the Statutes Say

N.C. Gen. Stat. § 45-36.7 (Payoff and short-pay statements) – Allows an entitled person (or authorized agent) to request a payoff statement, requires certain contents in the request (including a payoff date within 30 days), and generally requires the secured creditor to issue the statement within 10 days.
N.C. Gen. Stat. § 45-93 (Borrower requests for information) – Requires a mortgage servicer to make reasonable attempts to comply with certain written requests for information and, in many situations, to provide statements and payment history within set timeframes.

Analysis

Apply the Rule to the Facts: Here, an estate is being administered in North Carolina and there is reason to believe the decedent had a mortgage (or similar account) with a lender, but the correct email or fax for a formal request is unknown. A lender usually will not release payoff or account history information unless the request comes from the personal representative (or the personal representative’s authorized attorney) and includes documentation showing (1) death and (2) authority to act for the estate. For a payoff tied to real property, a written request that meets the statutory content requirements (including a payoff date within 30 days) is designed to trigger the creditor’s 10-day deadline to provide the payoff statement.

Process & Timing

Who files: The estate’s personal representative (or the personal representative’s attorney as authorized agent). Where: Sent directly to the mortgage servicer/lender at its published “payoff” address, fax, or email (often shown on monthly statements, the servicer’s website, or closing/payoff portal). What: A written payoff request that includes the requested payoff date (within 30 days), the borrower’s name, the property address, and the loan/account number if known, plus enclosures (certified death certificate and certified Letters Testamentary/Letters of Administration). When: For a statutory payoff statement, the payoff date in the request should be no more than 30 days after the request is sent.
Follow up and document delivery: If the servicer accepts only certain delivery methods, resend the same request by first-class mail to the payoff address and keep proof of mailing. If the request is time-sensitive (for example, an upcoming closing), ask the servicer to confirm the correct payoff fax/email and any required “estate packet” items.
Escalate if the servicer will not respond: Ask for the servicer’s probate/estate team or legal department, and request written confirmation of what documentation is required. If the servicer still refuses to provide information to a duly appointed personal representative, the estate may need counsel to pursue a court order compelling disclosure or to address delays affecting a sale or payoff.

Exceptions & Pitfalls

Wrong requester: A spouse, child, or heir often cannot obtain full loan details without being the court-appointed personal representative or having written authorization from the personal representative.
Missing certified documents: Many servicers reject requests that do not include certified Letters (issued by the Clerk of Superior Court) and a certified death certificate, or they will provide only limited information until those items are received.
Incomplete payoff request: If the request does not clearly identify the loan/property or does not include a payoff date within the allowed window, the statutory payoff timeline may not start, and closing timelines can slip.
Servicer vs. lender confusion: The company collecting payments may differ from the loan owner; sending the request to the wrong entity can cause delay. Monthly statements usually identify the “servicer” and provide the correct payoff contact method.
Privacy and verification hurdles: Even with proper authority, servicers may require additional identifiers (account number, property address, or proof linking the account to the decedent) before releasing detailed history.

Conclusion

In North Carolina, the practical path to a deceased person’s mortgage payoff statement or account history is a written request made by the estate’s personal representative (or authorized attorney) with a certified death certificate and certified Letters Testamentary/Letters of Administration. For a mortgage payoff tied to real property, the request should include a payoff date no more than 30 days out, and the secured creditor generally must respond within 10 days after an effective request. Next step: send a compliant written payoff request to the servicer’s published payoff address/fax/email.

Talk to a Probate Attorney

If handling an estate involves getting a mortgage payoff statement or loan history and the lender will not provide clear contact information or release details, our firm has experienced attorneys who can help organize the right documents, make a compliant written request, and push the process forward on the correct timeline. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.