Q: Facing foreclosure as surviving spouse, husband was on mortgage
I am facing foreclosure on a property where my deceased husband was on the mortgage, and I am on the deed. He passed away over seven years ago, and I have missed some payments. He was a veteran, and the VA is requesting a 30-day extension. I haven't spoken to a foreclosure attorney, and I am unsure if there was any mortgage protection insurance. What are my options?
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A:
I'm really sorry you're dealing with this—it sounds like an incredibly stressful situation. Since you’re on the deed, you may have some rights, even though you weren’t on the mortgage. Lenders sometimes allow what's called a "successor in interest" to assume the loan, so it’s worth contacting the mortgage servicer directly to ask if they recognize you in that role.
If the VA is involved and requesting a 30-day extension, that could give you a bit more breathing room. Use that time to gather documents like your husband’s death certificate, the deed, mortgage statements, and any letters you’ve received. Also, it’s important to ask the mortgage company if there was any mortgage protection insurance in place—sometimes it's included without people realizing it.
You might want to reach out to a HUD-approved housing counselor. They can help for free and explain your options, like loan modifications or repayment plans. This isn’t something you need to face alone—there are resources out there to help you stay in your home or at least avoid the harshest outcome. Don’t wait too long to act; time matters a lot in foreclosure situations.
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