How to assume the mortgage after my spouse passed away

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How to assume the mortgage after my spouse passed away

My Husband passed away in Nov 2016… im
on the deed but not on the mortgage. how can I
get the mortgage in my name? Their was a will
but everything was left to me and his kids were
listed 2nd. I have not gone through probate or
anything. Pls advise.

Asked on February 23, 2018 under Real Estate Law, Texas

Answers:

Eric Olsen / HELPS Nonprofit Law Firm

Answered 3 years ago | Contributor

Practicall speaking you don't have to transfer the mortgage.  Just keep making the payment.  Essentially that is about the only thing the mortgage company cares about- someone is making the payment.  Its a nonissue if the mortage remains in your deceases husbands name. 

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The finance company can take the position that it only owes a duty to the original creditor---which would have been your spouse.  They are not required to transfer the mortgage to someone who would not otherwise qualified to assume the mortgage.  This means they can chose to put it in your name, or can chose not to.  If they do not want to extend the financing to you, then you have to choices.  The first is to refinance into your name.  The second is to have the estate continuing paying on the original mortgage.  In the meantime, you can submit the case to probate if there are any issues with the title clearly passing to you.


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