Legal Question in Real Estate Law in Maryland

Only my name is on the mortgage to the house me and my wife live in. Should I die, what would happen to the loan balance and house? I live in Maryland.


Asked on 8/07/13, 6:30 am

1 Answer from Attorneys

Thomas Valkenet Young & Valkenet

It depends. Is the house in both your names? Or just your name? The debt does not go away if you die, it is then a debt owed by your probate estate. And if it is secured properly to the home, then the lender is entitled to foreclose if the estate does not payoff the loan or the heirs (perhaps your wife) cannot refinance the loan. A more specific response requires that I read your loan Note, your deed to the house, and the deed of trust securing the loan to the house. It sure does sound like you need some basic estate planning, too! Do you have a Will?

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Answered on 8/07/13, 6:34 am


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