Thursday, July 29, 2010

If someone dies and they were the only one on a 2nd home mortgage, will going in default ruin spouses credit?

My friend's Mom past away and she was the owner (alone) of my friend's home. Now she can't afford the mortgage and is moving. Will the father be responsible %26amp; will it effect his credit if the loan goes into default, even if he did not sign for the home? He can't afford it either, the family has huge medical bills.If someone dies and they were the only one on a 2nd home mortgage, will going in default ruin spouses credit?
It is a federal law not state. Any debt incurred to either parties while married become the dual responsibility of both partys, weither a signed agreemnt is vild or not. THe dad is responsible for the morgage if it goes into default. So long as your friends parents are married. There is nothing he can do about this short of filling for bankruptcy. He must continue the payments, if it goes into default its his tail. Simillar things happen if on parent filles for bankruptcy and the other doesn't. Then all the bills accrued in the one parents name now automatically get switched to the spouse. Its not fair but it is the way it is.If someone dies and they were the only one on a 2nd home mortgage, will going in default ruin spouses credit?
It depends on how she took title on the property.
I don't know how only 1 person got the mortgage without being in both names unless they are not married. I think only person that loan is in is responsible.
as long as the fathers name is not on the house he will be ok
That will depend on the state. In some states, the spouse is responsible for the bills regardless. In some, who is on the note takes precedence. Time to consult an attorney, which will only cost about $100.
Might not hurt thier credit but they will lose the house.

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