Legal Question in Wills and Trusts in Michigan
Lien on mortgage
My husband recently passed away. There is a lien on my mortgage dated 2005 for a credit card he had prior to marrying me. Home is deeded to both of us, am I responsible for debt? Only assets are home and car which I owe money on.
1 Answer from Attorneys
Re: Lien on mortgage
I presume by "lien on mortgage" you mean a lien on your house.
You are not responsible for the debt, but the credit card company was protecting itself by placing a lien on an asset. Since part (half) of the house belonged to your husband, they rightfully placed a lien on the house. So to get the lien off, you'd have to pay it, either out of your husband's estate proceeds, or out of your pocket.
The only way out of it would have been for your husband to declare bankruptcy prior to his death, which would have discharged the cc debt and lien, assuming he qualified for bankruptcy and the house was not worth a lot.
You can try contacting the credit card company, tell them he is deceased, and ask if they will remove the lien/cancel the debt. It's worth a shot. Not sure if they will, since they already have an asset attached to it, but you never know.
Good luck....