What should I do if husband dies and the mortgage is in his name only?

UPDATED: Sep 23, 2014

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What should I do if husband dies and the mortgage is in his name only?

My husband recently died thanks to the VA. He told both my daughter and I that if anything ever happened to him the house was paid off. The mortgage company will not talk to me since I am not on the loan and now they are threatening to foreclose. He left no Will and they want me to send papers saying that I am the executor of the estate.

Asked on September 23, 2014 under Estate Planning, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss. generally speaking, lenders will not talk to you unless you have the "legal authority" to act on behalf of the person listed on the mortgage. I am assuming that you are on the deed to the property? Then it passed to you automatically at the time of his death and you have a right to continue to pay the mortgage with out them being able to foreclose until it is paid off and with out having to refinance it in your name.  But your concern here is that your husband stated it was paid off and you are not sure of that correct?  Then you should hire an attorney for the limited purpose of writing a letter to the bank and asking for the mortgage documentation.  And if you are saying what I think you are saying about the VA and his death, I would speak to an attorney about that too.  Good luck. 

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