Financing in 63121>Question Details

Bruce Eastman, Other/Just Looking in Saint Louis County, MO

my husband refinanced our mortgage without my knowledge. I am on the house deed but not on the note or deed

Asked by Bruce Eastman, Saint Louis County, MO Tue Apr 7, 2009

of trust. I have been on the deed since we first bought the house. My husband died in january 09. Am I obligated on the mortgage? Can they take my house if the mortgage is not paid?

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If your name is on the Deed you should have been on the Mortgage. You will not be on the Note if he didn’t use your income (and debt) to qualify. So basically you can be on the Deed and the mortgage without being on the Note. (Have ownership to the home without the debt showing up under your name) If the mortgage is not paid, they will start foreclosure proceedings regardless whose name is on it. Sorry to hear about your husband. I hope this all works out for you.

I would contact the mortgage company who refinanced the house without your consent; you may also want to speak to an attorney.
1 vote Thank Flag Link Tue Apr 7, 2009
I am so sorry to hear of your husband's death and the difficulties that he left you in.

You need to sit down with someone who will take the time to go through your paperwork with you and help you get everything straightened out. You have a mortgage on your home. It has to be paid. If you are lucky, your husband also had insurance on the mortgage that will pay it off, when he died. I would start by talking to your lender to determine what your status is with them and finding out if there is any specific insurance to cover the mortgage. Next, I would talk to an attorney about the situation.

Good luck. Please let me know if I can help with anything. I care.
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0 votes Thank Flag Link Tue Apr 7, 2009
If the note is not paid YES the mortgage company will start foreclosure HOWEVER it depends if you can speak with lender if you are not on the note.

Confer with an attorney,

~ National Featured Realtor and Consultant, Lecturer regarding Credit Repair, Mortgage Loan Officer
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0 votes Thank Flag Link Tue Apr 7, 2009
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