Legal Question in Real Estate Law in New Jersey
my husband died Oct 3 2010. what is my responsibility for the mortgage on our house? my name is not on the mortgage it is only on the deed and property taxes. we re-financed one time years ago and our mortgage has changed hands until it has ended up with bank of america. i am not going to have enough to pay the mortgage and take care of the utilities and our two children. im stuck paying for all of his credit cards that were only in his name and i don't know what to do if im responsible for the mortgage too.
there was no will and no insurance money.
1 Answer from Attorneys
You should consult with a lawyer to help you administer his estate. Wait to pay off the credit cards. It may be possible to negotiate some kind of reduction to settle those debts, especially if the estate is insolvent [doesn't have enough to pay all debts]. There are priorities among creditors, and credit card debt is not at the top of the list. Other debts must be paid before reaching credit card debt.
You would be responsible for the mortgage in order to keep your home. You will also have to negotiate with the mortgage company about possibly modifying the mortgage to reduce the monthly payments.
If you get any kind of foreclosure notice, you should immediately get a lawyer to help you.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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