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Roger
Roger, Lawyer
Category: Real Estate Law
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Dad passed . Had 2nd mortgage in his name only. Deed on house

Customer Question

Dad passed . Had 2nd mortgage in his name only. Deed on house is in both he and mom's name, JTWROS. BofA refuses to give Mom info on acct ( no stmts etc,) yet states she must make payments to avoid foreclosure. Looked at annual credit report.com, shows account as closed.(Dad's report) bank still excepting her pmts
. Didn't allow her to send pmt this month(mom is 81) and received letter from B of A with instructions to pay, or other alternatives. What recourse do we have,? Afraid to call their bluff.
Help!
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Roger replied 7 months ago.
Hi - my name is ***** ***** I'll be glad to assist. Because California is a community property state, your mom can be liable for the individual debts of your dad.....here's a link to the law: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=910-916
Expert:  Roger replied 7 months ago.
Here's a good link you can read regarding liability for community debts and the surviving spouse's liability for the deceased spouse's debts: http://www.nolo.com/legal-encyclopedia/do-i-pay-late-spouses-debts-i-live-community-property-state.html

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