If my husband is the only one on our house deed and still owes then passes away, do I automatically pick up where he left off Maine the payments then end the end receive the deed for myself?

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If my husband is the only one on our house deed and still owes then passes away, do I automatically pick up where he left off Maine the payments then end the end receive the deed for myself?

We live in Pennsylvania. We have a 30 year
mortgage thru PHFA. My husband is the only name
in the deed while the vehicles are in my name. If he
passes away while still owing the mortgage do I
automatically puck up the payments the receive the
deed once the mortgage is paid in full?

Asked on August 7, 2016 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, a mortgage is a contract: it is given effect by its plain terms, which includes the parties to it as indicated on the mortgage. If your husband is the only one listed on the mortgage, then if he passes before the mortgage is paid off, it comes due immediately (when the only person on mortgage dies, the remaining balance must be paid). While the lender can choose to let the surviving spouse take over the mortgage, they don't have to: they could require you to pay off or refinance the mortgage (paying the costs, points, etc. for doing so). You should address this now, even if it means refinancing the mortgage now so as to put both your names on it, so you don't need to deal with this while also dealing with a loved one's death.


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