Legal Question in Real Estate Law in Maryland

My wife and I own a home in Maryland but the mortgage is in my name only. I want to know what happens to the mortgage if I die. My will leaves everything to my wife. Will she assume the mortgage?


Asked on 3/26/10, 10:42 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

The lender will need to authorize any assumption (this is not automatic), but in many cases a lender is fine with a spouse assuming the mortgage. You can talk to your mortgage company's assumption department to get an idea of their particular policy. Even though the mortgage obligation is in your name alone, your wife should have signed off on the mortgage and the mortgage lien will survive your death.

You may want to explore other options to ensure that your spouse can keep the home (like insurance to pay off the mortgage).

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Answered on 3/31/10, 8:37 pm


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