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

[Jane Bitz]

Is your client also a relative of the elderly person? If yes, then Garn-St Germaine protects them. It is a federal statute that says a relative who inherits a property can continue to pay on the existing mortgage debt without having to “assume” the loan or re-qualify for the loan.

If your client is not a relative, then they have to get a contract for purchase of the property or they are going to have to refinance to keep the residence. They may have a claim against the estate for unjust enrichment if they have been paying on the loan with the understanding that they would receive the property, subject to the debt, from the estate.

Jane Bitz.


Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Friday, April 19, 2019 4:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Mortgage in different name than Owner at Death - What happens?

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<mailto:brent at bwrconsults.com> / website: www.bwrconsults.com<http://www.bwrconsults.com>

On Apr 19, 2019, at 3:59 PM, Jen Doehne <jdoehne at bgwp.net<mailto: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


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