What are my legal obligations if my deceased husband’s house is being foreclosed on and my name is on the deed?

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What are my legal obligations if my deceased husband’s house is being foreclosed on and my name is on the deed?

While it is on the deed it is not the mortgage. There was no estate. I can no longer make the payments.

Asked on January 29, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are not a signatory to the mortgage, they can't sue you personally for any deficiency (amounts due under the mortgage) but they can still foreclose on the home (and will most likely need to name in the foreclosure, since you are an owner). 
If you can't pay off the mortgage, they'll be able to get the home.
If they do foreclose, it will typically take a few months, from start of the process to when you are out, but it's impossible to give an exact timeline: it depends on your particular county and how crowded that court's docket (list of cases) is, and also depends in large part on how fast or aggressively they file and move matters along.


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