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?

Asked 11/11/2009 under Wills, Trusts, Probate | 321 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

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.

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