General Question

AshlynM's avatar

Has anyone ever dealt with their mortgage company after their spouse died?

Asked by AshlynM (10542points) 1 month ago

They refuse to talk to me about the loan, since I’m not the owner. I have been making timely payments, never been late.
They claim the only thing I can do is give them a document stating I’m the executor of his estate. He didn’t have a will.

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4 Answers

tedibear's avatar

This has some good information.

I have a feeling you’re going to need a lawyer. Take that with the understanding I’ve only had a half cup of coffee.

Tropical_Willie's avatar

Lawyer time.

Probably need marriage license and death certificate. They won’t talk to you about mortgage until you get this resolved.

SEKA's avatar

As pointed out above, it’s time to get a lawyer even if you can’ afford one because he will be cheaper than losing your home. Does your county not have a Probate Office where wills are filed? I’ve not had to deal with this problem, but I’ve heard others discussing going to the probate office when there was no will on file. I think that they declare you as spouse to automatically inherit all his property. Now other relatives can contest this action in order to get their share, but I do believe that the spouse is considered the primary beneficiary. I read where one woman discovered after her husband’s death that he was a bigamist and she was the 2nd wife. The courts gave everything to the legal (1st) wife and annulled the 2nd marriage.

That just brought up another question in my mind, have you had the car put into your name? DMV may well have their own set of rules in order for you to be able to sell the car later on. I know from when my parents died, it’s easier to take care of earlier rather than later as the necessary paperwork tends to get misplaced and replacing it becomes a nightmare. Fortunately for me, my sister took to fighting city hall

LuckyGuy's avatar

Go to the county clerk’s office with your marriage license and an original death certificate and tell them your situation. I’ve found them to be very helpful. You are not the first person in the world to go through this and they do it every day. They will tell you what forms to fill out and will even help you if they are not busy. Letter of Testamentary.
Note: I am not a lawyer.

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