General Question

AshlynM's avatar

I am not on the mortgage to the house. Will the mortgage company still give me the legal documements I need after making the final payment?

Asked by AshlynM (10684points) October 3rd, 2018

My late husband is the original owner of the mortgage to our house. I’ve been making the payments on time every month. It will be paid off in less than five years.
I am not on the loan but I believe my name is on the deed.
My problem is the loan company refuses to talk to me every time I call them about something. They’re really strict on that rule. The only person who will talk to me is a manager.
Would I need to contact a lawyer to get the papers after making the final mortgage paymemt?
Or what would I need to do, since I’m not on the loan?

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6 Answers

JLeslie's avatar

If the company thinks your husband is alive, wont they send a document to your house when it’s paid off? I don’t see how the mortgage company isn’t aware he’s dead? I guess maybe they aren’t notified like banks?

I know very little about this sort of thing, but it seems to me you could provide the company with the death certificate and get the mortgage changed into your name. Maybe just ask the company how it usually works when a spouse dies, or are you afraid to let them know before you know how the laws work?

I can find out for you if your on the deed/title. You can do it if you prefer. You google your county property appraiser, it might be called property assessor in your state. The government website. Click on record search and then put in your address OR your last name first initial. Use as little information as possible that will produce not to many results. Those websites don’t guess if there is a typo, so if you put in to much information it can ruin the search. If your last name is rare that’s the easiest way. Otherwise, try house number and street. Don’t put street or road if you have to spell it out because if you don’t know if they use Rd or Road it can ruin the search. Unless it has a pull down for that.

Once in your property see who is listed as the owner. If your not, then you should get it fixed with the help of a lawyer. It’s a simple procedure to get it fixed, assuming you have no children.

janbb's avatar

What happened to his will? You should either talk to a lawyer or to the mortgage company manager about how to change the name on the mortgage. You will probably need to show them the death certificate and his will.

snowberry's avatar

I know nothing about the legal issues, but when my father died, all I had to do was send a copy of his death certificate to get them to stop sending magazines he had subscribed to. If you sent them a copy of the death certificate, that should resolve their problem with you. You might have to send a way to get a certified copy of the death certificate but that’s easily acquired also.

kritiper's avatar

Contact a lawyer now, don’t wait. Find a free legal aid in your area if you must.

Tropical_Willie's avatar

You’ll need documents like your marriage certificate and death certificate. Getting your name on the mortgage will improve your credit rating too.

seawulf575's avatar

I’m in agreement with @Tropical_Willie on this one. I would suggest calling the mortgage company now, before the last payment, and tell them that your husband is dead and ask that you be put on the loan. You will probably be asked to produce a death certificate and may have to sign papers that you were still married when he passed. But I’m pretty certain this is not the first time this has happened.

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