[WSBAPT] Transfer of Mortgage

[Mary Stone]

Did the husband have a will, leaving the real estate to his wife?  If so, the Garn St. Germain Act says that the lender cannot invoke the ‘due-on-sale’ clause.  They must continue to accept payments from the wife.

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Tuesday, July 11, 2017 8:41 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Transfer of Mortgage

 

Good Morning List - 

 

I am in the middle of a probate matter where there is real property with a mortgage and a surviving spouse - but a minuscule community property interest.  The house and mortgage were acquired 10+ years before the relationship and marriage so the surviving spouse is not on either the title or the mortgage. 

 

Given that this is my first probate where there is still an outstanding mortgage obligation and am needing some advice/tips as when the surviving spouse originally went to the bank after death they advised her that they would replace her name on the mortgage. That sounded too good to be true when she told me about that and I advised her to make another visit.  On the next visit that happened this week, she was told she would be required to refinance and pay all the associated charges and fees. 

 

I'm not sure whether that (refinance) is the only answer, or if I just need to speak with someone different that who she was talking with.

 

​Appreciate the assistance. 

 

Thank you,

Brent​

 

-- 

Brent Williams-Ruth 
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail <mailto:brent at bwrconsults.com>  / website <http://www.bwrconsults.com>  /  <http://www.facebook.com/bwrconsults> facebook 

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