Name on Deed not Mortgage

[Teresa P]

Jurisdiction

Pennsylvania

My husband recently passed from Covid and the Mortgage Loan is in his name alone but the Deed to the home is in both of our names. We had a Mortgage forebearance for a couple months but started to pay again. Then once he was hospitalized I tried to contact the mortgage company to extend it but they would not give me any information due to the fact I am not on the Mortgage Loan and then he had passed it has been over 2 mths that I have not had any means of income other than the disabiity
I am on cause he has not got paid and he was off work for almost a month before passing. He does have life insurance which would allow me to make payments for a certain amount of years but I probably would not be able to refinance due to the disability amount i get monthly. He was only 59 years old so I cannot receive his full retirement or his pension till he would of turned the age of 65 which is 6 yrs from now. I just need to kno what I can do to keep the house if I have any rights from them taking the house just honestly any information anyone can provide would be deeply appreciated It is just a very bad time right now and I need any help I can get

 

[justblue]

My husband recently passed from Covid and the Mortgage Loan is in his name alone but the Deed to the home is in both of our names. We had a Mortgage forebearance for a couple months but started to pay again. Then once he was hospitalized I tried to contact the mortgage company to extend it but they would not give me any information due to the fact I am not on the Mortgage Loan and then he had passed it has been over 2 mths that I have not had any means of income other than the disabiity
I am on cause he has not got paid and he was off work for almost a month before passing. He does have life insurance which would allow me to make payments for a certain amount of years but I probably would not be able to refinance due to the disability amount i get monthly. He was only 59 years old so I cannot receive his full retirement or his pension till he would of turned the age of 65 which is 6 yrs from now. I just need to kno what I can do to keep the house if I have any rights from them taking the house just honestly any information anyone can provide would be deeply appreciated It is just a very bad time right now and I need any help I can get

I am so very sorry for your loss.

You will need to find employment in order to make the payments...I don't see another way for you to keep the home. If, for some reason, you are unable to work you may have to resign yourself to selling the house.

I'm sure some of the other volunteers will respond to your thread...perhaps they will have other options to offer you.

Again, my deepest sympathies to you and your family.

 

[Tax Counsel]

I just need to kno what I can do to keep the house if I have any rights from them taking the house just honestly any information anyone can provide would be deeply appreciated It is just a very bad time right now and I need any help I can get

I'm sorry to hear that you are in a really difficult situation. Unfortunately, if the lender doesn't get paid it will be able to start foreclosure to take the home. That process does take some time, but eventually you'd have to leave the home. There are some resources that may help you to avoid or at least delay foreclosure. For example, see the following page on avoiding foreclosure from the U.S. Department of Housing and Urban Development (HUD). If you are a senior citizen there may be other help for you too. The PA Department of Aging might have resources to help you.

 

[adjusterjack]

I tried to contact the mortgage company to extend it but they would not give me any information due to the fact I am not on the Mortgage Loan

They will talk to you now once you are appointed as Representative of the Estate or Executor or Administrator.

You do that by taking the will and the death certificate to the Registry of Wills and petitioning the registrar for "letters testimentary." Those documents authorize you to act on behalf of the estate and the lender will have to obey them.

You can find your county's Registry of Wills on the following web page:

Registers of Wills | Courts of Common Pleas | Courts | Unified Judicial System of Pennsylvania (pacourts.us)

You can find forms at the following web page. Scroll down to Registry of Wills and look at Petition for the Grant of Letters but also review the other forms in case one or more of them is needed.

Orphans' Court Forms | For the Public | Forms | Unified Judicial System of Pennsylvania (pacourts.us)

You can also start by calling the Registry of Wills and see if there is a ready made forms packet for your situation.

Understand that court clerks cannot provide "legal advice" but a friendly clerk may be able to help you understand the process and sometimes a forms "packet" may have instructions.