Posted on: 17th Mar, 2010 12:12 pm
my brother passed away in nov 2008. we could not find any will so far. purchased new home in 2004 for about $450,000 held title and mortgage under his name only. also took out home equity loan for $200,000. his wife had sign quite claim deed on the title for the house. house payments were being made out of their jointly held bank account. wife has been making payment on the house to this date just to keep the roof over her and 3 their 3 teenage boys. it is becoming very difficult to continue making payments. currently owed about $233,000 to countrywide mortgage and $200,000 to bank of america for home equity loan. wife only makes $1600 monthly before the taxes and has been using children’s survivor’s benefits to make mortgage payments. house is worth approximate $375000. does she start the probate process first or let the mortgage company know about her situation. if she defaults in the payment can the mortgage company come after her? where should she start? please help... any response will be greatly appreciated. .
Hi Guest,
Does your brother's wife have her name on the mortgage docs? If not, then the lender will not be able to come after her to collect the dues if she fails pay off the loan. However, as the lender holds the lien on the property, he can foreclose it in order to recover the dues.
Thanks
Does your brother's wife have her name on the mortgage docs? If not, then the lender will not be able to come after her to collect the dues if she fails pay off the loan. However, as the lender holds the lien on the property, he can foreclose it in order to recover the dues.
Thanks
James, No His wife does not have her name on the mortgage docs. If the lender foreclose the home, will she be given any time frame to move out. will she be also given the option to buy the house?
Hi Guest!
Welcome to forums!
The lender may give her a notice to leave the property to move out within 3 days after the sale is complete. Whether or not she would be given the option to purchase the property would be completely the lender's discretion.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
The lender may give her a notice to leave the property to move out within 3 days after the sale is complete. Whether or not she would be given the option to purchase the property would be completely the lender's discretion.
Feel free to ask if you've further queries.
Sussane