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In Massachusetts can a lender foreclose on the surviving spouses house if the home loan was made in the deceased's name only?
Wiki User
∙ 14y ago
Generally:
If the property was owned solely by the mortgagor at the time the mortgage was granted, the lender can foreclose on the mortgage if the mortgage isn't paid. The mortgage is a lien on the property. If the surviving spouse has inherited the property it is still subject to the mortgage lien. The foreclosure will be done against the mortgagor, however, the surviving spouse will lose the property if it isn't paid for.
If the property was owned by both spouses and the surviving spouse didn't sign the mortgage then the lender has a problem. It can only foreclose on the mortgagor's interest in the property and not the interest of the surviving spouse. The situation is further complicated for the lender if the spouses held title as tenants by the entirety. Please advise if that is the case by using the discussion page.
If possible, you should consult with an attorney who could review your situation and advise you of your options. You should be able to get the preliminary advice you need in a single visit. You should bring a copy of your deed and any correspondence you have received from the lender.
Wiki User
∙ 14y ago
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