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Law Pro
Law Pro, Attorney
Category: Estate Law
Satisfied Customers: 24870
Experience:  20 years experience in estate and trust planning, probate, and wills
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My wife died in March. The mortgage companies Deceased Estate

Customer Question

My wife died in March. The mortgage companies Deceased Estate Unit says they need probate record in order to get her name off of the mortgage. Don't I have joint tenancy and therefore don't need probate. I have a will that identifies me as executor and that everything goes to me. What do I provide the mortgage company to get this resolved. I have already faxed them the other requirements of a death certificate and proof of homeowners insurance
Submitted: 5 years ago.
Category: Estate Law
Expert:  Law Pro replied 5 years ago.

Why do you want to get her name off the mortgage?

Did you also sign the mortgage - that you were jointly liable for the mortgage along with her?

Customer: replied 5 years ago.
My mortgage company is Bank Of America. According to them I qualify for the Making Homes Affordable progarm. I am a senior citizen and with the death of my wife, my income dropped by 1/3. I am only on Social Security. Bank of America told me that we can begin the application for the Making Homes Affordable program once my wife's name is XXXXX XXXXX the mortgage. They referred me to their Deceased Estate Unit to do so and that is where I am now having problems. We both signed the mortgage. I don't know what the wording was concerning being jointly liable. I would assume we were. I can get the mortgage papers out of our file if I knew what to look for in it.
Expert:  Law Pro replied 5 years ago.
They are giving you the run around.

If you both signed the mortgage - although she's dead - the only way to get her name OFF the mortgage obligation is for you to refinance.

Her estate is liable for the mortgage obligation.

However, because there is joint ownership of the property - you don't need to go through probate to own the property yourself.

In Illinois, the threshold question in administering a decedent's assets is whether or not to open a formal probate estate. This question is largely answered by reviewing and valuing the decedent's assets as of the date of death and, most importantly, ascertaining how all assets are titled. Generally, the potential probate estate consists only of assets titled in the decedent's sole name, payable to the decedent's estate and real property held as tenants in common.
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Customer: replied 5 years ago.
I hit accept to soon. I need to know what I should do or show to the mortgage company to stop the run around.
Expert:  Law Pro replied 5 years ago.
I would inform them that you are not going to probate her estate because there is NO need to probate her estate.

They are not going to take your wife's name off the mortgage because her estate is liable for such.

I would then inform them you want to proceed with the HAMP/HARP program individually and submit an amended application with only your income.

Have you contacted HUD about the HAMP/HARP program or only talked to BoA?
Customer: replied 5 years ago.
I have only talked with BoA. I did however check out the HUD web site and saw how much my mortgage should be reduced and that I should qualify.
Expert:  Law Pro replied 5 years ago.
You should be able to directly apply through HUD and not have to go through BoA.

That's what I suggest you do asap.

BoA is a problem and they cause unbelievable hardship because of their ineptness.

By-pass them and go directly through HUD.