Inheritance with a lien on an apartment
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Question
A grandmother passed away at a ripe old age and did not write a will. A year before her passing she allowed one of her daughters to take out a mortgage on the apartment. Can the daughter claim that this is a lifetime gift from the grandmother, and that as long as there is a mortgage it is impossible to sell the apartment?
Answer
Shalom u-vracha.
The granddaughter is correct; she inherited the right to the lien on the property. The apartment cannot be sold until the end of the mortgage term, although it may be sold as a property that is subject to the lien.
Source
The dayanim of the Beit HaHora'ah.
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