Posted on: 04th Jun, 2011 11:28 am
My husband and her sister bought a house before we were married. Both of there names are on the mortgage and title. Am I liable to pay off the mortgage if he is to die?
The house we are living in is in his name and his sisters. He has a mortgage payment on the house. The mortgage is only in his name. If he dies an I liable for the payment or his sister?
The house we are living in is in his name and his sisters. He has a mortgage payment on the house. The mortgage is only in his name. If he dies an I liable for the payment or his sister?
Gabby, I think you are also Deborah, to whom I just responded on a quite similar post.
I love your last phrase: "am I liable for the payment or his sister?"
It's a misuse of English, but an easy one to make; what I love is that you're asking, by mistake, if you are liable for the payment or if you are liable for his sister.
Heaven help you if the latter is the case, don't you think?
I love your last phrase: "am I liable for the payment or his sister?"
It's a misuse of English, but an easy one to make; what I love is that you're asking, by mistake, if you are liable for the payment or if you are liable for his sister.
Heaven help you if the latter is the case, don't you think?
Hi Gabby!
Welcome to forums!
I guess you live in California (your user name suggests that). California is a community property state. In such a situation, the lender may come after you in order to recover the debts after your husband's death.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
I guess you live in California (your user name suggests that). California is a community property state. In such a situation, the lender may come after you in order to recover the debts after your husband's death.
Feel free to ask if you've further queries.
Sussane
"Gabby" and "California" are a link? Wow, Sussane...you've given me something entirely new to think about.
Just as with the deceased's unsecured debts, a note associated with a mortgage is not forgiven simply because the borrower dies. However, unlike the deceased's unsecured debts, a note associated with a mortgage has a claim to specific property for repayment.
When the deceased's estate does not have enough assets to fully pay the note, the lender can take the mortgaged property to the extent necessary to fully satisfy the remaining amount of the loan. According to the same concept stated above, the mortgage goes with the property, not with the borrower: even though the borrower dies and is not longer associated with the property, the property continues to remain collateral for the borrower's debt.
In other words, the deceased still owes the loan, the property is still subject to the mortgage, and the property can be sold to repay the loan if necessary.
________________________
Looking for your dream home just click:- realty or mortgage rates.
When the deceased's estate does not have enough assets to fully pay the note, the lender can take the mortgaged property to the extent necessary to fully satisfy the remaining amount of the loan. According to the same concept stated above, the mortgage goes with the property, not with the borrower: even though the borrower dies and is not longer associated with the property, the property continues to remain collateral for the borrower's debt.
In other words, the deceased still owes the loan, the property is still subject to the mortgage, and the property can be sold to repay the loan if necessary.
________________________
Looking for your dream home just click:- realty or mortgage rates.
Well put, rp