Compare Mortgage Quotes

Guest

My husband recently passed away. In looking at our mortgage paperwork, I am listed as "co-borrower". I am not however listed on the note to the bank. On the deed we are "joint tenants". We live in the state of Maine. My question is, do I need to remortgage now that my husand has passed away?

jerry · Posted: Wed Jul 21, 2010 2:15 am Post subject:

Hi Tracy,

As your husband has passed away, you should refinance the mortgage in your name and start paying the mortgage dues. If the mortgage lender does not receive the loan dues on time, he would simply foreclose the property.

Thanks,

Jerry

Posted: Wed Jul 21, 2010 6:39 am Post subject:

I have actually been paying the mortgage. My quandry is that in the three years that my husband has been battling Cancer, my credit has gone haywire. What I literally mean by that is I have had late payments, not the mortgage though. We were late on that once. Now that my husband is gone, all the "joint" accounts are mine to pay alone. Im not sure a bank would refinance with me. I am trying to get my financial self in order. I am going to sell some things, and pay off some debt, in the hope of refinancing the house in my name. We have three children, and Im not sure if they can take losing their home after everything they have been through. Thank you for your answer though. Just as an afterthought, What is a Novation? What do you think the chances are of my just assuming the loan? Thanks again.

gmakerley · Posted: Mon Jul 26, 2010 12:14 pm Post subject:

Novation is a means by which you could assume the responsibility of the "current" borrower, which is, of course, your now-deceased husband. Part of the answer is based on who the lender is - if you're dealing with a national lender, I'd sort of expect to see less favorable treatment than if you're dealing with someone local who keeps the loan in-house.

As for losing the home, lenders are not desirous of turning people out of homes - they'd rather put you through the modification process and allow you to maintain payments as best you can. That, of course, presupposes your ability to become the sole owner. Frankly, it's a very difficult question to answer right now as to your ownership situation and the ability to change what is on the books at the moment.

Your fear at losing the home will likely abate if you simply begin discussions with the lender, to try to determine what your options are. That's the first and most important step at this point. Call up and lay it out for them and see what, if anything, they can suggest. Perhaps refinancing is a possibility; perhaps novation; the only way to know is to bring it up, though.

Guest

When I applied for the loan for my home it was in my name and on my credit. Now that I am getting Divorced my husband is questioning his signature on the above two documents. How can we get his name off of the two documents.
Need answer asap.
Thanks.

sara · Posted: Thu Aug 05, 2010 2:38 am Post subject:

Hi Edna,

If your husband's name is mentioned on the mortgage docs, then you need to refinance it to remove him from the mortgage. This will make you solely liable for the mortgage dues.

Take care.

gmakerley · Posted: Sat Aug 07, 2010 7:48 am Post subject:

Edna, I don't quite comprehend your original statement in light of what you followed it with. You noted that your home is "in your name" yet you later noted that your husband's signature appears on "the above two documents." I presume that the documents in question must be the note and the mortgage deed...is that correct?

I'm of the same opinion as Sara, if what I've noted is true. If your first statement is true, however, and he has no ownership interest, then you won't have to do anything to be the sole owner. Refinancing, however, will allow for him to be eliminated from any liability regarding payments.

Guest

I have the opposite situation of many who have posted here. I live in Florida, am separated from my husband, and am in the process of filing for divorce.

I was on the original mortgage and promissory note for our home, but when we refinanced a few years ago, my husband’s income was used to qualify for the refinance. He is on the promissory note, I am not. I am, however, on the mortgage as a spouse (not as a co-signer or coborrower) and I am also on the deed.

When we separated, my husband stopped making mortgage payments, and had all correspondence sent to him, so I didn’t realize he was not making the mortgage payments. Once I found out, I wasn’t able to make up for the missed payments; I had just had a baby and wasn’t working.

So, I contacted the lender to work out a solution, but they would not speak with me about the loan, because I was not on the promissory note.

I quickly found a job so I could afford the mortgage on my own, but the bank still refuses to speak with me to modify the loan — citing, again, that I am not on the promissory note.

I want to keep the home, and can afford to make the payments in full, but I cannot afford to make up the missed payments and attorneys fees that have accumulated. I have tried everything to get the lender to work with me (to modify the loan to work in the missed payments and fees, and to set it up where I am now responsible for the payments in full) and have had no success.

A mandatory court mediation was held recently, and the lender still refused to work with me — citing again that I am not on the promissory note. My husband, since we are in the process of getting a divorce, will not help, and did not attend the mediation.

The auction date for my home is in early December. What recourse do I have? Is there anything I can do to save my home?

smithsussane · Posted: Thu Sep 02, 2010 2:27 am Post subject:

Hi Stacey!

Welcome to forums!

As your name is not mentioned on the promissory note, the lender will not consider your request for a loan modification. Moreover, you won't be able to pay the missed payments. In that case, I don't think you would be able to save the property.

Feel free to ask if you've further queries.

Sussane

gmakerley · Posted: Fri Sep 03, 2010 10:08 am Post subject:

I'm incredulous that the lender wouldn't abide by the terms of the mediation. I'm assuming, of course, that whoever mediated was making a ruling that would have been favorable to you. In light of what you've described here, I'd have to think that was the case; but I'd also want to think that the lender had enough sense to understand they're in a losing situation, at least in part due to their obstinance.

Call your US Senator or Representative (or both), call the Attorney General where you live, call your state representative...keep at it. At least you've got a few months before "finality" hits.

Prepare for the worst, but keep striving to see if you can work out this issue to your benefit. I hope you're able.

Guest

i live in virginia and i wanted to know if my future ex husband foreclose on his house will the mortgage company come after me and if he did foreclose will my credit be affected.

My credit was not use to obtain a loan only his credit history and score was use.
thank you

Posted: Sun Dec 12, 2010 1:57 pm Post subject:

Mr George M. Akerley
I am a mortage banker and have been in the industry for 9 years. I am federally bonded by my bank in all 50 states. 1st - As opposed to giving wreckless answers that do not apply for all mortgagors and vary from state to state why dont you start by asking or replying back to these people who look for asnwer by 1st asking if they are in a "marital state" . I would suggest to all that are looking for answers to look online on any search find out of your state is a "community" or "marital state".

gmakerley · Posted: Wed Dec 22, 2010 7:40 am Post subject:

I suppose, Guest, that you've only read a couple of my posts on this site. Had you taken the time, you'd see that I more often than not clearly state my lack of expertise in dealing with cases where posters cite their residence in community property states. I don't pretend to know anything about that, and I certainly don't feel that my answers are wreckless. I dare say that virtually every answer given on these forums is specific to the question at hand and would not necessarily apply in a different state than the poster asking.

Your final sentence is right on, I believe. I agree that a person inquiring here would be wise to have a little ammunition before seeking advice from such a wide-ranging population as exists here at MortgageFit. Unfortunately, lack of sophistication is rampant, and for many this is the first stop on the road to discovery.

If you're truly "federally bonded in all 50 states," why not sign up and join us on this journey. As you might have noticed, there's a need for expertise around here.

Guest

if the note is signed only by the husband but the house is in the wifes sole name can the house be foreclosed by the lender?

adonis · Posted: Sun Dec 18, 2011 10:28 pm Post subject:

Welcome Guest,

It will be difficult for the lender to foreclose the property. The wife may ask for compensation if the lender tries to foreclose the property.

Company	Loan Type	APR	Est. Pmt.
				Go
				Go
				Go
				Go
				Go
				Go

All times are GMT - 7 Hours
Previous 1, 2, 3, 4 Next
Page 3 of 4

Property State:
Property Type:
Credit Rating:

Compare Mortgage Quotes

Mortgage vs Note