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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My husband sold me the house we lived before he passed away

Customer Question

my husband sold me the house we lived before he passed away because i was not in the loan. when i reported to the bank he passed away they send me a letter with many options one says the state has an interest in retaining the property and will continue to make the mortgage payments without assuming liability of the note. what does this mean?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: california
JA: What documents or supporting evidence do you have?
Customer: i have my husband will, the quick claim registered, his death certificate, our marriage certificate
JA: Anything else you want the lawyer to know before I connect you?
Customer: the second option says the state is interested in a mortgage assumption and the lawfull sucessor will take title before the mortgage assumption is completed. what is the difference between these two options ? if I continue making the payments can I still report the interest on my taxes do i have to apply for a loan at all?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Infolawyer replied 4 months ago.
If the house has a mortgage if mortgage not paid bank could foreclose. Bank wants assurance that the mortgage will get paid. You may want a lawyer locally to negotiate new terms with the bank. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.