Legal Question in Real Estate Law in New Hampshire

Very complicated. In 2006, my husband (at the time) and I re-wrote the mortgage to add me- but never followed through on adding me to the deed. We divorced in 2008 with the agreement that the property was to be sold, with him having full responsibility for the property until is sold. He passed away in January of this year- the mortgage company is after me to pay the past due (10 months), and the insurance policy has expired. A estate has not been filed in the county where he lived- what are my rights and obligations? I have told the bank to foreclose, as I have no legal right to the property- (his girlfriend is living there rent free)- but I do not think they can foreclose until an estate is filed.. What should I be doing to protect my income?

Property is in NH, but I live in NY.


Asked on 6/07/10, 5:22 am

1 Answer from Attorneys
Roy Weddleton Granite Law

It is important to see what were the exact terms of your divorce. However, if you are on the mortgage correctly, then you have an obligation to pay the mortgage. You should try all means to avoid foreclosure because it will go on your credit rating. Ot also may not absolve you from paying any deficiency. If your ex-husband lived in NH then the original will should be filed in the county in which he lived. Even if he did not live in NH or even have a will, a probate still must be opened to sell the property. You absolutely need a lawyer on this one or it could cost you dearly.

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Answered on 6/07/10, 9:54 am


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