Posted on: 13th Aug, 2010 10:37 am
on march 17th, 2010 my husband of 28 years died unexpectedly, he was 47 years old. i have been a stay at home mom for 20+ years. before his passing my husband owned a small construction business, but hadn't had a job in six or seven months. in the past three years we have used up all of our savings and his life insurance lapsed just months before his death. he had started selling off some of our personal things in order to just pay bills. i am currently working with a probate lawyer and his 'estate' has been deemed insolvent.
my home's mortgage is held by wells fargo, my name is on both the deed of trust and the warranty deed, i signed mortgage papers but wf has told me that i am not listed as a borrower on the account. my husband was in a forbearance agreement at the time of his passing. when called shortly after his death i was told to just make the payments set up within the forbearance plan. a lump sum payment of $2800 was due june 5th, i was instructed by a wf representative to call on the due date and that they would simply let me assume the loan and do a mortgage modification. at this time i was also told to send a copy of the death certificate and the account would be moved into 'in the estate of' mode.
on june 4th i called wells fargo and they told me that they could not speak with me. their reasoning is that i did not send administration of the estate paperwork (which is still being held up by my lawyer and the courts). my mortgage is now three months in arrears and the refuse to speak to me. yesterday i started receiving phone calls (three in one day) when asked the purpose of their call...they told me that they couldn't speak to me! huh? and yet you call three times?
i cannot afford to keep my home, i have other outstanding bills that need to be paid before even getting out of probate. i'm not allowed legally to sell anything until probate is over, etc. my question is this, i guess...what is my best avenue to travel from here with wells fargo? i'm at the point where i don't care about leaving the home but i'm afraid they are going to make me liable for any monies that they do not receive once the home is in foreclosure and sold. how can i be liable when they won't speak to me about the account in the first place? they are literally forcing foreclosure, oh didn't mention they will no longer accept any form of payments from me. they want me to assume the loan but at this time i have very little income coming in and tons of money needing to go out because of probate. would a deed in lieu of foreclosure be my best bet? i'm lost....any help would be greatly appreciated. i just want this over, it's affecting my health and i need closure so that i can start grieving my loss and trying to move on.
thanks in advance for any help you may give.[font=arial:21ac2fbe9c][/font:21ac2fbe9c][color=black:21ac2fbe9c][/color:21ac2fbe9c][size=12:21ac2fbe9c][/size:21ac2fbe9c]
my home's mortgage is held by wells fargo, my name is on both the deed of trust and the warranty deed, i signed mortgage papers but wf has told me that i am not listed as a borrower on the account. my husband was in a forbearance agreement at the time of his passing. when called shortly after his death i was told to just make the payments set up within the forbearance plan. a lump sum payment of $2800 was due june 5th, i was instructed by a wf representative to call on the due date and that they would simply let me assume the loan and do a mortgage modification. at this time i was also told to send a copy of the death certificate and the account would be moved into 'in the estate of' mode.
on june 4th i called wells fargo and they told me that they could not speak with me. their reasoning is that i did not send administration of the estate paperwork (which is still being held up by my lawyer and the courts). my mortgage is now three months in arrears and the refuse to speak to me. yesterday i started receiving phone calls (three in one day) when asked the purpose of their call...they told me that they couldn't speak to me! huh? and yet you call three times?
i cannot afford to keep my home, i have other outstanding bills that need to be paid before even getting out of probate. i'm not allowed legally to sell anything until probate is over, etc. my question is this, i guess...what is my best avenue to travel from here with wells fargo? i'm at the point where i don't care about leaving the home but i'm afraid they are going to make me liable for any monies that they do not receive once the home is in foreclosure and sold. how can i be liable when they won't speak to me about the account in the first place? they are literally forcing foreclosure, oh didn't mention they will no longer accept any form of payments from me. they want me to assume the loan but at this time i have very little income coming in and tons of money needing to go out because of probate. would a deed in lieu of foreclosure be my best bet? i'm lost....any help would be greatly appreciated. i just want this over, it's affecting my health and i need closure so that i can start grieving my loss and trying to move on.
thanks in advance for any help you may give.[font=arial:21ac2fbe9c][/font:21ac2fbe9c][color=black:21ac2fbe9c][/color:21ac2fbe9c][size=12:21ac2fbe9c][/size:21ac2fbe9c]
Hi thescribbler,
It's sad to hear about your husband's untimely demise. I pray to the Lord Almighty to give you and your family strength to overcome the hard time!
You need to check out whether or not your name is mentioned on the mortgage docs. If your name is not mentioned on the mortgage docs, then you're not personally liable for paying off the mortgage. If you want to get rid of the property, then you can let the lender foreclose it. He won't be able to come after you for the deficient balance resulting from the sale.
Thanks
It's sad to hear about your husband's untimely demise. I pray to the Lord Almighty to give you and your family strength to overcome the hard time!
You need to check out whether or not your name is mentioned on the mortgage docs. If your name is not mentioned on the mortgage docs, then you're not personally liable for paying off the mortgage. If you want to get rid of the property, then you can let the lender foreclose it. He won't be able to come after you for the deficient balance resulting from the sale.
Thanks
Hi The Scribbler
Sorry about your husband and then to hear about this ... best bet is to see if you aren't liable as James says and let it go ... and get started on a new life.
Best wishes
Sorry about your husband and then to hear about this ... best bet is to see if you aren't liable as James says and let it go ... and get started on a new life.
Best wishes