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My husband passed away, there was no will and his name is…

My husband passed away...

My husband passed away, there was no will and his name is ***** ***** one on the house. What do I need to be able to assume the lo9an

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Indiana

Lawyer's Assistant: What documents or supporting evidence do you have?

All I have is the death certificate. My name has always been on there to be a contact.

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

No ty

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Answered in 1 minute by:
4/27/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,227
Experience: 30 years of real estate practice experience.
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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.

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Customer reply replied 3 months ago
Even though his was the only name on the loan? I have his death cert showing I am his spouse

Yes, under federal law they must let you continue to pay the loan.

Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,227
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
ok ty so so much

You are very welcome. Thank you for using JA.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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