Legal Question in Real Estate Law in Maine

My husband recently passed away. Both our names are on the deed to our house, and the mortgage papers. Only my husbands name is on the "note". Will I need to remortgage? Can I assume the mortgage? Can I just continue to keep making mortgage payments under his name? I live in the state of Maine.


Asked on 7/02/10, 10:59 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Death is a technical default under the note- so your payments are not required to be accepted, but for all practical purposes they will be. Would it be better for you now to refinance in terms of a lower rate? The best long term approach would be to actively seek a refinance or to be added to the loan as guarantor, etc. If you do not, then it is possible the lender will not recognize you in the future as authorized to access loan information.

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Answered on 7/06/10, 10:43 am


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