Tuesday, May 19, 2015

Can an estate be closed if the mortgage remains in the name of the deceased?


According to the St Germaine act of 1982 an heir who intends to live in the home of the deceased can continue to pay on an existing mortgage without qualifying for assumption. My husband and I are planning on purchasing my aunt's home from her estate in accordance with this act. The mortgage company told us to send them proof of heirship and our name would be added to the existing note. Now they are saying thar we have to leave the mortgage in my aunt's name or qualify for assumption. Until our first home is sold we will not be approved. The administrators of the estate were told that the estate cannot close until the mortgage is put in our name. There has to be a way to close the estate if the St Germaine act gives us the right to resume payments on the mortgage. How can we have this debt declared resolved so that the estate can be closed?

Read more: Can an estate be closed if the mortgage remains in the name of the deceased?