0
She may be able to assume the payments. She needs to consult with the lender but some mortgage contracts may allow a surviving spouse to take over the payments. She should get some legal advice from the attorney who is handling the estate and who is familiar with practices in her jurisdiction.
Also, you didn't mention whether she owns the property by survivorship. If not, her husband's estate must be probated in order for legal title to pass to his heirs under his Will or according to the state laws of intestacy.
She may be able to assume the payments. She needs to consult with the lender but some mortgage contracts may allow a surviving spouse to take over the payments. She should get some legal advice from the attorney who is handling the estate and who is familiar with practices in her jurisdiction.
Also, you didn't mention whether she owns the property by survivorship. If not, her husband's estate must be probated in order for legal title to pass to his heirs under his Will or according to the state laws of intestacy.
She may be able to assume the payments. She needs to consult with the lender but some mortgage contracts may allow a surviving spouse to take over the payments. She should get some legal advice from the attorney who is handling the estate and who is familiar with practices in her jurisdiction.
Also, you didn't mention whether she owns the property by survivorship. If not, her husband's estate must be probated in order for legal title to pass to his heirs under his Will or according to the state laws of intestacy.
She may be able to assume the payments. She needs to consult with the lender but some mortgage contracts may allow a surviving spouse to take over the payments. She should get some legal advice from the attorney who is handling the estate and who is familiar with practices in her jurisdiction.
Also, you didn't mention whether she owns the property by survivorship. If not, her husband's estate must be probated in order for legal title to pass to his heirs under his Will or according to the state laws of intestacy.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoShe may be able to assume the payments. She needs to consult with the lender but some mortgage contracts may allow a surviving spouse to take over the payments. She should get some legal advice from the attorney who is handling the estate and who is familiar with practices in her jurisdiction.
Also, you didn't mention whether she owns the property by survivorship. If not, her husband's estate must be probated in order for legal title to pass to his heirs under his Will or according to the state laws of intestacy.
Add your answer:
Earn +20 pts
If a husband dies will a wife be responsible for the mortgage debt even if she is not on the note?
His estate will be responsible for the mortgage. Assuming the wife is not on the deed, if the mortgage isn't paid the bank will foreclose and take possession of the property covered by the mortgage. If the wife is on the deed and she consented to the mortgage the bank can foreclose. If she is on the deed and did not consent to the mortgage then the bank had a defective title and may not be able to foreclose.
Husband-and-wife buy a house together the wife's name is not put on the deed until the second mortgage but the second mortgage is now paid off do we still share the deed of trust?
If a husband and wife buy a house together and the wife's name is not put on the deed until the second mortgage, yes, the deed is still shared after the second mortgage is paid off.
Should husband and wife both sign note for mortgage?
yes
What happens if the wife is on the mortgage and not on the note and the husband dies?
If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.
Must a husband disclose his income and sign the mortgage if his wife is the one buying the house?
Generally, not if the property will be in the wife's name alone and her income is enough to qualify her as the sole borrower for the loan. Some lenders insist that both spouses sign the mortgage.
What is a wife called when husband dies?
A husband is called a WIDOWER when his wife dies.
When a mortgage is in husband's name only but wife and husband have joint tenancy with survivorship warranty deed in Georgia then husband dies without will does wife owe mortgage?
You haven't provided important details such as what came first- the mortgage or the survivorship deed. You should consult with an attorney to determine your obligations and options regarding the mortgage.
When a husband dies the remaining wife is called a what?
When a husband dies the wife is called his widow.
If a husband dies will a wife be responsible for the mortgage debt even if she is not on the note?
His estate will be responsible for the mortgage. Assuming the wife is not on the deed, if the mortgage isn't paid the bank will foreclose and take possession of the property covered by the mortgage. If the wife is on the deed and she consented to the mortgage the bank can foreclose. If she is on the deed and did not consent to the mortgage then the bank had a defective title and may not be able to foreclose.
What happens to the house if the wife who is the main source of income dies and the husband cannot afford the mortgage?
If the mortgage isn't paid the lender will take possession of the property by foreclosure and sell it.
What does widowed mean like for a relationship?
A widowed relationship is when the wife's husband dies or gets murdered.
Who owns car if husband dies and both husband and wife on car title?
Still the wife.
If my husband owns a property with his ex-wife and they share the mortgage on the property am I liable for anything if he dies or defaults on the loan?
No. If he dies and defaults on the loan the bank's recourse is to take possession of the property by foreclosure. The bank has no claim against you.
If my wife has a house in her name, only, and she dies am I responsible for the mortgage?
Only if your wife leaves the house to you as an inheritance are you legally responsible for her mortgage upon death.
Should husband and wife both sign note for mortgage?
yes
Husband-and-wife buy a house together the wife's name is not put on the deed until the second mortgage but the second mortgage is now paid off do we still share the deed of trust?
If a husband and wife buy a house together and the wife's name is not put on the deed until the second mortgage, yes, the deed is still shared after the second mortgage is paid off.
A mortgage is in the husband's name the deed is in the wife's maiden name along with the husband's. If the husband dies is the wife responsible for the mortgage that she did not sign?
She is not responsible for paying the mortgage if she didn't sign it. Furthermore, if the bank tried to foreclose, it could only take possession of the husband's half interest. The wife should contact an attorney who specializes in real estate law.She is not responsible for paying the mortgage if she didn't sign it. Furthermore, if the bank tried to foreclose, it could only take possession of the husband's half interest. The wife should contact an attorney who specializes in real estate law.She is not responsible for paying the mortgage if she didn't sign it. Furthermore, if the bank tried to foreclose, it could only take possession of the husband's half interest. The wife should contact an attorney who specializes in real estate law.She is not responsible for paying the mortgage if she didn't sign it. Furthermore, if the bank tried to foreclose, it could only take possession of the husband's half interest. The wife should contact an attorney who specializes in real estate law.
