Q: I lived with my fiance for 12 yrs. and he passed away on May 31. His house is in mortgage and they want their money.
I am not able to pay the mortgage due to waiting for opers benefits and for his family's attorney to get everything put into my name. i need to know what i can do before our house is taken from us. Was planning on paying off mortgage once i received his opers benefits.
A: That depends, there are a few ways to delay foreclosure and hold the bank off depending on where you are in the process. It would be difficult to answer without more information.
A: The first thing would be to call the mortgage company and discuss the situation with them. They are often willing to wait for a while when there has been a death of the mortgage holder. You may have to reapply for the mortgage unless you were on the original mortgage.
The attorney handling the Estate should contact the mortgage company. The heirs and beneficiaries take the home subject to the mortgage and are allowed to assume the mortgage by continuing to make payments. Once the "family's attorney" transfers the house to you by way of a certificate of transfer, you should be able to request a loan modification if necessary. In fact, you may be able to request the loan modification application now even before you are issued title.
Hopefully, your fiance' had a will by which he left the real property to you, as well as, named you as a beneficiary on his opers benefits. Otherwise yo may be treated as a stranger
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