Mortgage question.....

[Goldeneagle]

Y'all please bear with me. I'm trying to take care of Alecia's affairs and I'll will probably have several question's along the way.


My question now is about our mortgage. Alecia is the secondary borrower. The house will be paid off next June. Do I need to have her taken off now or can I just wait until I get the title after payoff and have it changed?

[Johnny Dangerr]

I would ignore it if you have solid wills...

[Goldeneagle]

I would ignore it if you have solid wills...

She did not have a will. We were actually going to get our wills done next month, but didn't make it. I'm going to try to get mine done next week if possible.

[S-3 Ranch]

I would ignore it if you have solid wills...

I would consider contacting your attorney to probate the will and iron out her estate


^^^^^ you definitely need a attorney with death intestate / no will

[RiverRat1]

Don't be scared to get an attorney. IMO it most likely won't be very difficult if you were married with no strange dealings.

[Txhunter3000]

I believe an " Affidavit of Heirship " and the DC is all that will be needed for the mortgage company. You can call the mortgage company and find out. Things that were in her name alone is where it gets more complicated and would require talking to an attorney. I've been through it with my parents that neither had a will. Mom passed first and Dad had dementia. We didn't probate Mom's will and it didn't cause any problems in Williamson County. When I sold their house and Mom's car all that was needed was an " Affidavit of Heirship ".

[Goldeneagle]

I believe an " Affidavit of Heirship " and the DC is all that will be needed for the mortgage company. You can call the mortgage company and find out. Things that were in her name alone is where it gets more complicated and would require talking to an attorney. I've been through it with my parents that neither had a will. Mom passed first and Dad had dementia. We didn't probate Mom's will and it didn't cause any problems in Williamson County. When I sold their house and Mom's car all that was needed was an " Affidavit of Heirship ".

The mortgage is the only thing her name is attached to. The vehicles are all in my name only.

[Gumbo Man]

Maybe worth contacting the mortgage company and asking them.

[jfk47]

I would contact the mortgage company, it might be less of a hassle to get the title changed now with a certified DC than a year or so down the road. Also contact an attorney, you never know what will pop up in the future (bank accts. savings accts. her personal property etc.)

[Pushbutton2]

Maybe check on intestate laws.

Wifes Dad died than 2 days later step mom dies. Niether had wills. Michigan Intestate Laws helped my wife and her sister get their Dad's stuff.

[Cliff Dog]

Mortgage company should be able to tell you what you need to do. Praying for you guys

[Burnadell]

Randy, don’t worry about the mortgage. Just pay it off as usual. No need to contact the mortgage company. Upon payment in full, they will send you a paid Deed of Trust document. You won’t need to do anything until you sell the house, then the title company will need a death certificate (although the funeral home will file one in the county upon receipt from the state) and an Affidavit of Heirship, as mentioned above. I would suggest you go ahead and file an Affidavit of Heirship in your county.

The mortgage company does not change names on the “title”. The “title” is your deed, and you can have Alecia’s name removed after paying off the mortgage and Deed of Trust by having a Deed prepared by an attorney along with the Affidavit of Heirship.

Edit: I am not an attorney and can’t give legal advice, so the above suggestions are what I would do if I were in your situation.

[Nate Riley]

I'm not an attorney, but first instinct is that you don't need to do anything about that, unless you are planning on selling the house or something (even then you may not if its after probate). Did she have children prior to you guys marrying? That always seems to be where things get weird.

[HogHunter34]

^^^ agree you are primary borrower & all they care about is you making payments & pay-off
You can contact just to ensure deed is transferred & filed under your name

[Digimont]

If I were you, I wouldn't try to figure it out alone. There are mortgage brokers who might be able to help you. My husband took out a mortgage several years ago, but during the pandemic, he was out of work and could not pay the debt. We contacted our bank to extend a loan deferral, but we were turned down. Then we consulted Mortgage Broker Wolverhampton, and we could get the bank approved. I advise you to contact some experienced brokers because they are competent in these deals. Some mortgage brokers provide a free consultation; you could take advantage of that.