Legal Question in Wills and Trusts in California
My husband passed I am on deed of trust of house but I was a Non-borrower. At what point can lender accelerate the loan and what can I do if I cant obtain financincing in my name. The lender will not discuss with me because I am not on account (non-borrower)
3 Answers from Attorneys
You need to open a probate and either become the administrator or find someone you trust to do it. Once a probate is opened and an administrator appointed by the court, the bank will deal with them.
The lender cannot call the loan unless the surviving spouse doesn't make the payments.
It may be more complicated then that, as if the property was held in joint tenancy and you did not disclaim your right to "obtain" his joint tenant interest, then the property is not really part of the estate. Was the bank aware of your being on title before your husband died, as his transferring an interest in the property to you after he got the loan would be a violation of the deed of trust. Ms. Cusack is correct that normally the banks do not care until loan payments are missed. You need to decide how you are going to handle the payments and the loan and then write to the bank explaining what you are going to do, so that you have it on record. You might want to have a very brief discussion with an attorney who handles similar matters to see what would be the best route.