If my husband has passed and the house is in my name but the loan is in his name, what do I need to do?

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If my husband has passed and the house is in my name but the loan is in his name, what do I need to do?

How do I get a copy of the loan papers?

Asked on June 30, 2012 under Estate Planning, Georgia

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  I am assuming that his name is also on the title to the property otherwise the lender would not have lent on the property. Under the law you can continue to pay the loan with out refinancing the mortgage until it is paid off since you inherited his potion of the house upon death.  If you are being appointed as the personal representative of his estate then you can indeed request them.  The bank may not give them to you otherwise.  Good luck.


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