Legal Question in Real Estate Law in Maine

Foreclosure

My husband passed away June 2007. Our mortgage is in his name only & I made timely payments until Jan.2009, when I could no longer afford to. I am now 6 months delinquent and in the position of going into foreclosure. I've had the house on the market since Oct.2007, but no luck because of the market. Since I planned on just paying off the mortgage once the house was sold, I never notified the mort. co. of my husband's death. The new mort. co. that just took over the prev. one has sent a letter explaining options to prevent foreclosure. Will I be in any legal trouble for not telling them sooner of my husband's passing? And can they start foreclosure proceedings right away because of that fact? I would appreciate any help in this matter. Thank you.


Asked on 6/11/09, 2:27 pm

1 Answer from Attorneys
Elliott Teel Teel Law Office

Re: Foreclosure

Was your husband's will probated? At that point the mortgage company, as a creditor, might have been notified. But since the house was not sold off, they would not necessarily have needed to be notified. Was the deed changed at that point?

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Answered on 6/12/09, 1:47 pm


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