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My husband passed away May 6, 2018 The bank is requesting an…

Customer Question
My husband passed away...

My husband passed away May 6, 2018 The bank is requesting an Entitlement document in order for me to take over the house I'm not on the house or deed. How soon can I get documentation.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the house located?

Customer:*****Albany, Georgia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to take care of this asap

Submitted: 3 months ago.Category: Legal
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Answered in 2 minutes by:
5/16/2018
Lawyer: Loren, Attorney replied 3 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,329
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Lawyer: Loren, Attorney replied 3 months ago

Was the home left to you in his will?

Has an estate been opened in probate?

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Customer reply replied 3 months ago
There wasn't a will do I need to go through probate first an then run the ad in the paper for 30 days
Lawyer: Loren, Attorney replied 3 months ago

My condolences for your loss.

Under the provisions of the Garn-St. Germain Act, relatives of deceased mortgage borrowers inheriting those borrowers' homes are allowed to keep those homes' mortgages as well. Garn-St. Germain even allows relatives inheriting mortgaged homes to keep those homes' mortgages in the deceased borrowers' names. Basically, surviving spouses, children, grandchildren or other relatives who are left mortgaged homes have the right to pay on their deceased spouse's or father's mortgages without fear of foreclosure. Surviving relatives must reside in the mortgaged homes left them by their deceased relatives to take on those mortgages, though.

There have been cases where mortgage companies have tried, unsuccessfully, to foreclose mortgages even when surviving spouses or joint tenants are involved. Usually, though, mortgage lenders are more concerned with receiving mortgage payments than about going through with a foreclosure. Generally speaking, mortgage lenders are aware of the regulations contained within Garn-St. Germain and mortgage due-on-sale clause preemption. Finally, surviving relative still must notify mortgage lenders of their intent to take over the mortgage as soon as possible.

So, once you open probate and send a copy of your appointment as the representative of the estate that should be all they need.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Lawyer: Loren, Attorney replied 3 months ago

Are you still online with me?

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Lawyer: Loren, Attorney replied 3 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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