Legal Question in Real Estate Law in Pennsylvania

In 2003 I was being deployed and going through a divorce at the same time. To end the divorce quickly I agreed to sign off the deed of the house in agreement that my ex-husband refinance as soon as possible; and not hold me responsible for the mortgage payments. When the documents were ready to be signed, I was deployed and my father had power of attorney and therefore signed the documents.

In 2009, ex-husband did still had not refinanced and became delinquent in his mortgage payments therefore ruining my credit score. I had contacted him several time inquiring about the refinance. He was supposedly working on a Modification with Bank of America to get my name off of the mortgage.

In 2013 I decided to take this to court. Right before the civil hearing was to take place; my ex husband passed away.

Since his passing June 2013, no one has come forward to take over the estate; and there was no will.

The property has two apartments. And there are two families �squatting� in the home that I am responsible for the mortgage one and no one is has made a mortgage payment since 2010.

My question is: The property is in Lycoming County Pennsylvania. Can I be put back on the deed of the property since I am on the mortgage of this property?


Asked on 11/01/13, 10:55 am

1 Answer from Attorneys
Rachel Hunter

No. You are divorce and have no right to inherit from your ex-husband. The property will pass as per his estate. I cannot believe that the mortgage company has left this go on for so long, but it has.

You cannot be put back on - but if you are concerned, then seek to probate an estate. Get the mortgage out of arrears or work something out with the bank and arrange to sell the property. I don't know what its worth but if it is worth at least as much as is owed, the mortgage can be satisfied. Any excess funds will go into your husband's estate and be distributed to his intestate heirs. This would be his spouse (if any if he re-married, not you), any children or lineal descendants, and if none, then his parents or siblings or their children. If there truly is no one then the money escheats to the state.

However, it sounds like this man owed more than he owned. This is a big headache you will be taking on if that is the case. However, there is no real way to protect your credit otherwise as you are still on the mortgage. You just might want to take the hit on your credit and not worry about it or file bankruptcy and discharge your liability. However, if the bank is not coming after you. why worry? Is there some reason that the credit is suddenly important to you?

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Answered on 11/04/13, 9:03 pm


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