What to do if my wife passed away 1 1/2 years ago and I am having problems keeping up with my mortgage payments?

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What to do if my wife passed away 1 1/2 years ago and I am having problems keeping up with my mortgage payments?

The bank is foreclosing and my wife’s name still on the loan documents. Also, does my wife’s name need to be removed from the loan documents before they can foreclose and conduct a trustee sale of my home?

Asked on June 21, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you cannot continue making the monthly mortgage payments on the home that you have you should consult with a real estate attorney about a possible loan modication or selling the home in a short sale.

Your deceased wife's name does not have to be removed from the loan documents for the home in order for a foreclosure of your home to proceed.


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