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My son died and the mortgage was in his name only. His wife is making the payments. What happens now?
The widow should arrange a consultation with an attorney who can review the title to the property and the mortgage. If the property was owned jointly or as tenants by the entirety and only the husband signed the mortgage the bank may be out of luck. If the property was in your son's name alone then his estate must be probated in order for title to pass to his heirs and the bank will take the property by foreclosure unless the mortgage is paid.
You need an attorney who specializes in real estate law and probate law to review the situation and explain the widow's rights and options.
What else can I help you with?
Husband has died and you are the excutor of his estate you want to add your name to the mortgage loan?
I can't think of any reason why you would. You can always just make the payments. If the payments are made, the mortgage company probably won't even blink.
Are adult children liable for parents mortgage debt?
No, not as long as they didn't co-sign the mortgage. However, if the parents have died and their property is subject to a mortgage the lender will foreclose on the property if the mortgage isn't paid. If the heirs want to keep or sell the property they must keep the mortgage payments current.
If my sister and her husband took out a mortgage with my mom as a cosigner and are now behind in their mortgage payments will my mom's estate responsible for the mortgage?
Each person who co-signs a mortgage is equally responsible for paying the mortgage. If your mother has died then her estate must be probated. The debts of the decedent must be paid before any property can be distributed to the heirs. You need to consult with an attorney who specializes in probate in your area who could review your situation and determine what the obligations are regarding the mortgage.
Who is legally responsible for a mortgage when the borrower's death was not reported but an adult child assumes mortgage payments and is 6 months behind?
I believe most mortgages have a due-on-death clause, so, legally, the bank can force a sale if it finds out the mortgage holder died. Regardless, if the mortgage payments are behind, the bank is going to try to get the mortgage holder to pay. Since that person died, I assume there is no one who is legally able to talk to the bank. The bank will foreclose eventually and clean out the house. If the sale price of the house is greater than the mortgage balance plus costs, the bank will want to pay someone that difference. If no one is legally appointed to represent the mortgage holder's estate, the bank will probably give the money to the state as 'unclaimed property'. unfortunately the bank is going to reposses your parent's property and kick you out. any net proceeds of the property will go to the estate and be divided up according to the will (if there is one) you need to contact an attourney immediately.
Your dad died and mother wants reverse mortgage can she get one?
Yes, as long as she and the property meet the lenders requirements. You should speak with several lenders paying close attention to fees, upfront payments and how quickly the amount owed will increase every year.
If someone died and left a house with a mortgage in a trust can you just keep making the house payments or do you need to notify the mortgage holder and can they demand the note be paid in full?
You didn't say if the person who left the house was a parent or a friend. If it's parents you must provide a copy of the death certificate to the mortgage holder. Usually, the mortgage holder would have no problem with you continuing on with the payments. Depending on where you stand in the Will you may have to take a loan out to either pay the full mortgage the mortgage holder is holding, and then make your mortgage payments to your own banking institution. It's best to go straight to the mortgage holder and ask these questions so there are no mistakes made. Good luck Marcy
Husband has died and you are the excutor of his estate you want to add your name to the mortgage loan?
I can't think of any reason why you would. You can always just make the payments. If the payments are made, the mortgage company probably won't even blink.
Are adult children liable for parents mortgage debt?
No, not as long as they didn't co-sign the mortgage. However, if the parents have died and their property is subject to a mortgage the lender will foreclose on the property if the mortgage isn't paid. If the heirs want to keep or sell the property they must keep the mortgage payments current.
Can a mortgage be foreclosed if your husbands name was on the loan and he died but I am still making mortgage payments and have my name on the deed?
Generally, no, however it could be yes if: * The mortgage lender is not aware of your presence and there is no will passing the asset (house) to you as part of your late husband's estate or * The mortgage loan has a force-sale requirement in the event of the note-holder's death Even with the above conditions, you (or your legal representative) should notify the mortgage lender and let them know (1) you have lived in the home with your husband up 'til the time of his death (2) you want to continue to live in the home as you have no where else to go and (3) you want to continue to make payments and can demonstrate the ability to do so.
If i stop making payments on a camper my dad had in his name only and he died what can the finance company do to me?
Repossess it
Your mom passed away 6 mos ago how can you find out if there was an death clause on her home the amount that is left is 8000.00?
You can read the recorded mortgage document at the land records office. The staff could help you to locate the recorded mortgage under your mother's name. You would be looking for a "due on death" clause that requires the mortgage be paid in full upon the death of the mortgagor. Generally, there is also a clause that requires the mortgage to be paid in full if there is any change in ownership which would include the change caused by the death of the mortgagor. You could just keep making the payments. That would work out the best if you had a joint checking account with your mother. You could keep making the mortgage payments by using that account. Keep in mind that if the property was solely in your mother's name then the estate must be probated for title to pass to the heirs. In that case notice of your mother's death must be published and the bank may discover that your mother has died and demand payment. If that happens perhaps you could negotiate a refinance of the balance due.
If my sister and her husband took out a mortgage with my mom as a cosigner and are now behind in their mortgage payments will my mom's estate responsible for the mortgage?
Each person who co-signs a mortgage is equally responsible for paying the mortgage. If your mother has died then her estate must be probated. The debts of the decedent must be paid before any property can be distributed to the heirs. You need to consult with an attorney who specializes in probate in your area who could review your situation and determine what the obligations are regarding the mortgage.
Your father died and had just bought a new vehicle what happens with this vehicle will the bank take it out of his estate?
The bank can repossess the car if payments are not made.
My husband died a year ago. Can the finance company repossessed my deceased husband's vehicle although I have been making timely monthly payments?
no
Who is legally responsible for a mortgage when the borrower's death was not reported but an adult child assumes mortgage payments and is 6 months behind?
I believe most mortgages have a due-on-death clause, so, legally, the bank can force a sale if it finds out the mortgage holder died. Regardless, if the mortgage payments are behind, the bank is going to try to get the mortgage holder to pay. Since that person died, I assume there is no one who is legally able to talk to the bank. The bank will foreclose eventually and clean out the house. If the sale price of the house is greater than the mortgage balance plus costs, the bank will want to pay someone that difference. If no one is legally appointed to represent the mortgage holder's estate, the bank will probably give the money to the state as 'unclaimed property'. unfortunately the bank is going to reposses your parent's property and kick you out. any net proceeds of the property will go to the estate and be divided up according to the will (if there is one) you need to contact an attourney immediately.
Your dad died and mother wants reverse mortgage can she get one?
Yes, as long as she and the property meet the lenders requirements. You should speak with several lenders paying close attention to fees, upfront payments and how quickly the amount owed will increase every year.
Your parents died leaving a mortgage on the heir property are the heirs obligated to pay the balance of the mortgage?
Yes. If you inherit a piece of property, including a house with a mortgage, you are legally obligated to pay its bills.
