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Hi George, my question for you is, my husband died and was the only signer

Hi George, my question for you is, my husband died and was the only signer

Hi George, my question for you is, my husband died and was the only signer on the mortgage. the house is now in foreclosure and I need to know if I am liable for the arrears?


Anonymous's picture
Anonymous (not verified)
25-06-2011

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Anon, are you an owner of the home?  I only ask because if you are, then you'd be a party to the foreclosure suit.  If you never signed the mortgage note, then you're not liable for the payments on that debt.  Of course, if the lender is taking back the home as a result of the default in payments, they're eating up your equity (if any), which takes money out of your pocket, potentially. Whatever arrearage there is would need to come out of the sale price once the lender foreclosed and found a buyer for the property.  If there's not sufficient value to cover it, then the lender takes that loss.  You are not going to be obligated for the arrearage since you weren't a borrower to begin with. Please don't take what I've said as legal advice, because I'm not a lawyer.  If the laws of your state provide for the lender to take action against you, I don't know that.  If you wish to get qualified legal advice (a good idea, actually), then you ought to seek out a real estate attorney in your area and pose these questions to him or her.  My answers are based on good data I've acquired over the years, but they may not be relevant if you have laws that cover those situations; laws I'd know nothing about.

gmakerley | Asked on 2011-09-20

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