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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33781
Experience:  15 years real estate, Realtor. Landlord 26 years
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My husband passed away on the 10th of last month. The home

Customer Question

My husband passed away on the 10th of last month. The home we shared together was in his name only. If I walk away due to not having the income nor the money to make the house payment or major repairs due to the fault of the builder, what could happen to me. The house is in my husbands name only. This happened after he refinanced it but my name is ***** ***** taxes.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am sorry to hear of your recent loss, please accept my condolences as I am sure you are going through a lot right now..

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As for the mortgage, if you are not listed on the mortgage or Note, then the lender couldn't come after you personally. they can only come after husband's estate for payment. So they would have to foreclose on the house and then seek payment from his estate. If there are no assets in the estate, or if one is not opened, then they would simply lose out and they would only recover whatever the house sold for at auction.

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You may be listed on the taxes as an owner of the property, but if you didn't sign the mortgage and Note, you aren't liable for the debt and can simply walk away.

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thanks

Barrister

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