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Was the property owned in joint tenancy? Is the lender willing to issue a release of their lien?
Was the property owned in joint tenancy?
Thank you for the additional information. If the the surviving spouse did not sign the note then she has no personal liability for the loan, but the lender can pursue the estate of the spouse who signed the note to seek repayment.
WIth regard to the lien of mortgage, in certain jurisdictions if a mortgage loan is signed by only one joint tenant, and that joint tenant dies, the surviving joint tenant takes the title to the property free and clear of the mortgage lien. So, if WA ia one of those jurisdictions then the surviving spouse may sell the property free and clear of the mortgage lien and the lender is limited to seeking repayment from the probate estate of the deceased spouse.
Presuming the mortgage was not defective in content or execution, the trust would not provide protection from a mortgage lien.
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