defective Mortgage and payments after death

by Azar
(Milpitas, CA, USA)

My husband and I purchased a residence property which is registered since 1978 at the county recorders office as community property (in California). In 2006, my husband refinanced it and took the mortgage in his personal name from a reputable bank. About 2 months ago, he had a heart attack and suddenly passed away. AM I responsible for the mortgage payments when I was not the co-signor? and has the bank right to foreclose when I had not consented to the refinancing and I was the existing co-owner when the refinancing mortgage was advanced without my consent?

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Jun 13, 2012
defective Mortgage and payments after death

Azar: I am so sorry about the loss of your husband. I know that this is a difficult time for you and that you have a lot to deal with.

Regarding your question, in a community property state like CA, all debts that either spouse acquires during a marriage, whether together or separately, belong to both spouses. Therefore, you are obligated to pay the second loan that your husband took out on your home. It does not matter that only he signed the note, and yes, the bank that gave him that loan can go after you for the money if you do not make the payments, foreclose on the home, etc.

If you have any questions about this or need additional information, I highly recommend that you consult with an estate planning or probate law attorney in your area. Your first appointment should be free. In the meantime, I also recommend that you read the articles on our web site about foreclosure. One of them provides lots of information about your options for avoiding foreclosure. Good luck!

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