[WSBAPT] Mortgage in different name than Owner at Death - What happens?

[Brent Williams-Ruth]

My read of the statute is that the BANK can force refinance when inheritance is not family. But I don’t recall anything of the family being able to force it. Will be interested in the learned opinion from those who have fought this. 

Brent Williams-Ruth
Founding Member
BWR Consulting, PLLC
Office & Scheduling: (425) 830-5134
Direct Mobile: (206) 889-7919
e-mail: brent at bwrconsults.com / website: www.bwrconsults.com

> On Apr 19, 2019, at 3:59 PM, Jen Doehne <jdoehne at bgwp.net> wrote:
> 
> Hello all,
> I have a client who owns a house, it is subject to a mortgage in the name of the prior owner.  My client cannot afford to refinance (poor credit, etc) but has been paying the mortgage for over two years now.
>  
> The prior owner is elderly and in poor health (and incapacitated).  The prior owner’s daughter is pestering my client telling him that he MUST refinance before her father passes or the mortgage company will force the sale of the house. She also seems to be implying that my client’s only other option is to give the property back to the prior owner…
>  
> Other than the fact that the daughter is attempting to stir up trouble… What actually happens if the prior owner dies if my client is unable to refinance? I have done a bit of research and see that the lender cannot force an acceleration for family beneficiaries.  My client is not related to the prior owner. I have taken a look at all the transfer paperwork and it does look to be a valid transfer. 
>  
> I have a hard time believing that the lender will force the sale of a home when the mortgage has been timely paid for years. Is it likely that nothing will happen and the lender will go on continuing to accept payments?
>  
> Thanks so much for your help!
> Jen
>  
>  
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190419/b1a3ed0a/attachment.html>