Legal Question in Family Law in Maryland

Name change

I never took my husband's name when married. I have always maintained my maiden name. We refinanced our mortgage in 2002. Paperwork reflected my husbands last name for me. Because of amount of paperwork and them saying they would resolve when the new morgage was filed. Did not think about it husband passed away in 2005. Morgage put morgage in my name with husbands last name. I contacted morgage to explain and they insist i need court paper for name change. I explained that i never used spouses' last name and offered employment records,ssa records, federal income tax filed for last 28 years showing my last name. They insist on court paper. All i want is my last name on morgage account not my deceased spouse. Please let me know what i need to do. It is really not a name change. thank you


Asked on 3/03/07, 2:52 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Name change

If I were you I wouldn't worry about it. I assume your (maiden) name is on the deed to the property, which is your legal proof of ownership. When you sell the property, the mortgage will be paid off and released. Just keep doing what you've always been doing as far as your name is concerned. If you still want to pursue it, try and see if they'll accept official records--driver's license, passport, etc., as proof of your legal name. Perhaps they'll change their account records to reflect your true name, but it's an expense and somewhat of a hassle to prepare and record a new mortgage instrument.

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Answered on 3/05/07, 10:17 am


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