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Posted on: 17th Mar, 2012 11:06 am
i feel like i am being treated unfairly. my father passed away september 9, 2011, dan mason.
i opened an estate with the estate lawyer nate mcconnell who fought my father's settlement case in 2010.
my father had a mortgage with wells fargo for his 238 sleepy hollow trail, stevensville, mt 59870
they told me i couldn't view his mortgage but it was severely behind and almost in foreclosure.
i paid almost $25,000 toward interest to keep this house when i got his settlement from his previous motorcycle accident in 2010. all of the sudden since i had money they were willing to work with me and tell me how much was owed. i had my estate letters and court papers and i'm the only heir.
his ex-wife pam nelson is a signer on the mortgage but in the divorce decree it stated that she has no rights or legal obligations to the house. he was supposed to refinance to remove her name but since he had not-so-great credit he could not do so and then he died unexpectedly. i gave wells fargo the legal documents and death certificate and they removed his name from the mortgage. the assumption department told me that if pam nelson's name wasn't there i could automatically assume the loan with no credit checks or questions asked. i'm 22 and i don't have the perfect credit. my interest rates at 5.75% and i pay $1700 a month toward the mortgage. i can't even refinance now. they want me to go through an assumption process now and credit qualify and make an income of $3600. my question is why do i have to assume my own mortgage and pay all this money when pam nelson's name isn't suppose to be there in the first place according to the courts. they have taken most of my settlement money i have nothing to show for it and i have paid the mortgage on time for 6 months. i am willing to work 80 hours a week and i wanted to go to school but i guess that's not in the cards at this time if i want to keep this house. i just think its unfair what they are doing. we are a strong hard working family and i don't believe in supplemental income or food stamps hence i have none, but its like they'll help everyone else but me. even with letters from the courts they won't even let me view the mortgage i'm paying unless i assume it and with their standards, i can't at this time. recently i was pregnant and the doctor said because of the stress i miscarried the child. i also wanted to move two roommates in but wells fargo said that it would not count as income. i even started my own gift basket business to try to make the $3600 they said was required to assume the mortgage and they said that income would not be counted for 2 years. please help i am running out of options.

please help me find a way to keep my home.
Welcome jamiemason,

Though Pam Nelson's name wasn't supposed to be there, but it is still there as your father may not have refinanced the mortgage in his name. In such a situation, you will have to assume the loan. You won't have to pay the closing costs as you're not refinancing the mortgage. You will have to somehow assume the mortgage in order to get it transferred in your name.
Posted on: 18th Mar, 2012 08:36 pm
Hi jamiemason!

Welcome to forums!

I agree with Adonis' viewpoint. There are high chances that your father may not have refinanced the mortgage after he divorced his wife. As a result her name is still mentioned on the mortgage docs. In order to remove her name from the mortgage docs, you will have to assume the loan and get it transferred in your name.

Feel free to ask if you've further queries.

Sussane
Posted on: 19th Mar, 2012 08:11 pm
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