Tuesday, August 24, 2010

My spouse has died and my name is on the deed to our house, but not on the mortgage. How do I keep the home?

You can continue with the mortgage.





As long as the probate judge does not require you to sell in order to pay any of your husbands other debts nothing at all will change.My spouse has died and my name is on the deed to our house, but not on the mortgage. How do I keep the home?
If you can afford it, keep paying the mortgage. The bank doesn't care who pays the bill, as long as it gets paid.





They won't reconvey their interest in the property until the loan is paid off. If they don't get paid, they will eventually file a notice of default (usually within 90 days) and proceed with foreclosure.





If you can't afford to keep paying, I'd suggest selling the house and paying off the mortgage with the sales proceeds. This only becomes a problem if the house sells for less then the amount owed, in which case you'd have to get the bank to agree to accept a short sale.





Hope that helps - good luck.My spouse has died and my name is on the deed to our house, but not on the mortgage. How do I keep the home?
You don't need to do anything to put the house in your name since you are already on the deed- however, you do need to contact the mortgage company to let them know what has happened. You probably need a probate attorney to help you. If you just continue to pay until the mortgage is paid off they will finally release the lien anyway without you doing anything. The problem is the mortgage company will not talk to you with you not on the note.
You should contact a local probate attorney about the laws of your state. You would want to immediately legally transfer the title to your name at the county recorder's office.Initial consultation should not cost anything. Each state is a little different, so make sure you contact a probate attorney that understand the laws of your state.





The longer you allow this lay doormat the more of a problem it becomes in later years.





Simply by being married to an individual that has died does not transfer the property to you. There must be a court order in order for the county recorder's office to do this.





You can not simply show up at the county recorder's office with a death certificate and a marriage certificate and expect them to automatically place your name on the tittle deed.





You may continue to make the current mortgage payments to the current mortgage without too much of a problem. As long as the payment is being made they will not say too much.





If you are not paying your insurance and taxes through your mortgage company you might want to see if they are current.





I hope this has been of some benefit to you,good luck.





';FIGHT ON';
Hi, a quick check you might want to do is... to check if your spouse had bought life insurance on the mortgage. Most people do, some times it is a condition on the mortgage. If that is the case, the house is yours - just write/ inform the mortgage company (supplying the death certificate etc).
You don't need to do anything, when you go to sell the home speak with your real estate professional and all you will have to do is produce the death certificate. You could remove them from your mortgage by contacting your mortgage company and faxing them a copy of the death certificate also.
When the person with the mortgage is gone, the lender expects the mortgage to be paid. You need to refinance it into your own name. The bank probably won't know about it unless you tell them, but if and when they figure it out, you'll have to do something. If you read the documents your husband got at closing, you'll probably be able to find this clause. As an owner of the home, you should have been there too, and there were things you should have signed.





People think the heirs can just go on paying the mortgage, but this isn't correct. The lender didn't lend them any money. Their mortgage contract is ended with the death of the last mortgagor. You inherit the house, but not the mortgage.





I mean lender, of course. I work in the mortgage department of a big bank, so bank is in my head, but it's the same with any lender.





Some people buy credit life insurance, but there are so many conditions on it, many states won't even allow it to be sold. My mortgage gave me one free year, but I'll cancel as soon as that's up. Many of those policies are only good for the first five or ten years of the mortgage, and some only make 12 payments for you. Before you buy that, read the fine print and ask a lot of questions. It cannot be a condition of the loan.
Because your on the deed the house is not yours. To keep it, you need to keep making the mortgage payments. They don't care who's name it's in. At some point when you life is a little less stressful, you might check into refinancing the loan into your name.
The mortgage is due and payable on his death. You can't just keep paying on it. It's not yours. Worst case scenario, the lender can forece a sale of the proeperty to satisfy it's loan. YOu need to speak to the lender; and a probate lawyer.
The attorney who is handling his estate should be able to advise you on this situation. If it hasn't come up then call him or her by all means.
When your husband died the house automatically became yours. So did the mortgage. Just keep paying it and you're fine.
It doesn't matter. If you keep up the payments nothing will change until you sell the house.
keep paying the bill when it comes in the mail.
Call your bank or mortgage broker and ask!

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