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Deceased Spouse on Mortgage; Surviving Spouse on Deed.

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wacky99999

Junior Member
FL...One spouse is on the deed only. The other spouse is on the mortgage only. The spouse who had the mortgage passed away. There was no estate/probate. What can the mortgage company do? Is the surviving spouse liable for the cost of the mortage when name wasn't included? Can the surviving spouse sell the property?
 


tranquility

Senior Member
The spouse is not, but the house is.

The loan did not disappear on the death, it is secured by a mortgage or trust deed on the house. If you sell the house, the loan will be paid first. But, as long as the price covers the loan, the owner can sell the house.

If the owner does not pay, the house will be foreclosed upon and sold at auction with the former owner evicted. They will get any surplus from the auction over the loan and the costs of foreclosure.
 

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