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I am the only one on my mortgage loan and I am married. I am…

I am the only...

I am the only one on my mortgage loan and I am married. I am trying to refi my loan and my name will be the only name on the loan, my husband and I signed a Warranty deed a few years ago, but this does not make him responsible for the payment. I am concerned what will happen to the house if I die. Should I look into filling out another type of form that would allow him to stay in the home?

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

The loan process has been started and we are to close on June 1st.

Lawyer's Assistant: Where is the house located?

Plano Texas

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Answered in 1 minute by:
5/12/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,258
Experience: 30 years of real estate practice experience.
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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.

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You need not worry.

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.

Usually, 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, your husband will be able to continue living in the home and making payments on the mortgage should anything happen to you.

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Customer reply replied 3 months ago
One more question if I die and my husband decides to pay off the home, can he get the deed in his name?

Yes, if you leave it to him in your will and it goes through probate.

Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,258
Experience: 30 years of real estate practice experience.
Verified
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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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