House in deceased's wife's name now in foreclosure
Question Details:
My wife died 5 years ago. The house was in her name only. I never went through probate because I was afraid it would require a new mortgage which I wouldn't qualify for. I made the payments until recently but am now behind and facing foreclosure. What is my best way to proceed?
If you can't make the payments, and you have no way to refinance, there might not be much difference at all, in what you do next.
I think it's very important for you to work through the details, of the different options, with a local attorney. The amount of equity (positive or negative), your late wife's other relatives if any, and a few other things could have a major impact on which of your limited choices is best. If there's negative equity, but the bank will accept a deed in lieu of foreclosure with no deficiency imposed (you give them the house and they let you just walk away), you'll need to get the house into your name.

Are you a lawyer?
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