Husband died, I'm not on loan, house is in forclosure
Submitted by tracey from CA on Mon, 05/26/2008 - 11:22am.
My husband died July 6, 2006. He didn't leave a will. He was a general contractor and incorporated, however, due to California's community property status, I negotiated and paid off all the debt that was solely in his name.
Our house was only in his name for a better rate. I quick-claimed myself off the re-fi then we added me back on through an Interspousal Transfer Deed. I contacted Countrywide after his death and they advised me to just continue making the payments. In November, 2007, I made two payments for October and November. They didn't recorded the payments and my December's statement said I now owed 3 payments. When I contacted them, they told me they couldn't talk to me because I was not on the loan. They advised me that I needed to assume the loan, but this would be difficult as I was laid off in June, 2007. I eventually received paperwork to assume the loan the end of January. In February, I received a letter from a new mortgage company, Litton Loan Service, stating they now have my loan. I contacted them and advised them of the situation and they advised me they couldn't talk to me because I was not on the loan. I was uneasy about sending payments to a new company who wouldn't give me any information and took over the loan from Countrywide who wasn't posting my payments. They informed me I needed to get an Executor of Estate letter from the court. I explained I only had his Death Certificate and Interspousal Transfer Deed and they told me it was not good enough to even talk to me.
I just received a Notice of Default and Election to Sell Under Deed of Trust from Quality Loan Service, who was contracted by Litton Loan Service. I contacted Quality and explained the situation. They told me in the State of California, his Death Certificate and Interspousal Transfer Deed is all Litton Loan Service should need to talk to me. He gave me a fax number for their Loss/Mitigation Department and I faxed it to Litton. After a couple of days, I called Litton and again, they advised me I needed the Executor of Estate letter from the court and they could not locate my fax. They also told me that Quality (the company they used) doesn't know what they're are talking about. I asked for a statement of account of the $13,000 needed to reinstate the loan and guess what, I can't get that either. How can I continue to pay someone when I don't know what I'm paying or it possibly not being applied to my account.
As I stated previously, I have been unemployed since last June. I work in the new home building industry and having problems trying to find a job. My savings account is almost depleted. I have a 10 and 11 year old child at home. The 11 year old who previously had ADHD and OCD has also been diagnosed with Post Traumatic Stress Disorder from his father's death and has been considered a child with needs. I've looked on the internet for some sort of legal aide and can't find anything in this area.
Thank you for any information you can give me.











Comments:
Tracey -
This is a somewhat challenging situation. You probably need an attorney to finish what is needed to speak with the bank and sort out the ownership and entitlement issues. How much do you owe? How much is your home worth? Can you afford the home if you are able to assume the loan?
Contact me directly at bob@inspiragroup.com or 949-600-5404 and I will review the specifics of your situation.
I, too, used to work in Homebuilding and is where I received my real estate knowledge.
Let's figure out what is best for you and your family.
BOB
Tracey,
I think Bob is right, you should likely hire an attorney immediately so you can get the bank what they need to work with you
Additionally - If the home has equity you should really consider selling as quickly as you can. Sounds like the home is in your name now so it shouldn't present a problem. Get it sold, take the equity that you can, and rent. This may not feel right emotionally, but given that you were laid off and you are depleting your savings you may be better off without a mortgage - renting is far more flexible when going through periods of financial change.
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