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Iowa is not a community property state, but that does not change the fact that the home is still considered collateral for the loan. In the vast majority of case the mortgage would still be owed by the surviving spouse if he or she wished to keep the property. There have been some very interesting rulings in a few state courts that have allowed the suviving spouse to take over the property "free and clear" regardless of an existing mortgage, because of the state laws concerning marital survivorship rights. A few cases are still on appeal but the others have been declared legally binding in favor of the surviving spouse. This is one reason savvy lenders should always require a married couple to be joint mortgage holders.

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โˆ™ 2006-04-01 22:39:37
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Q: Can a mortgage company in Iowa come after a spouse if that spouse is NOT on the loan but IS on the title in the event of death?
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Mortgage is in your name spouse dies will mortgage life insurance pay off house?

If the mortgage is in your name it would not be affected by the death of your spouse. Mortgage life insurance is coverage that is taken out so that your house would be paid for in the event of your death.


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If you have an outstanding mortgage on your property at the time of your death the lender will take the property if the mortgage isn't paid. You can purchase some type of mortgage insurance or life insurance to pay off the mortgage in the event of your death. Otherwise, your heirs will need to pay it if they want to keep the property.


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Credit life insurance, Mortgage insurance, or decreasing term insurance.


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true it is stressful that sucks losing someone :(


You recently were married and you want to put your spouse on the title?

Is this so that your spouse can become sole owner of the property in the event of your death? If so, it would be accomplished by a deed from yourself, to yourself and your spouse, as joint tenants, in consideration of 'natural love and affection.' Don't try to do it by yourself. There are often technical issues involved and they can vary from jurisdiction to jurisdiction. A technical error could easily defeat your intention and cause hardship to your spouse after your death. Have a lawyer do it.


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