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mamabear1961

assumption of mortgage after death

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I live in Wyoming and my father passed away in October of 2010. Before he passed he put my name on the deed of the house as I and my husband was caring for him at this time. His home was mortgaged through GMAC mortgage and we did not have a chance to have my name put on this account before his passing. I am now having trouble getting the mortgage company to let me assume the account as there was no executor of the estate. Can I become the executor of the account now that he has passed and also what are my options in this case.

Thank you for any help you can give me on this matter.

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You do not say how you held title; I'd have to presume as tenants in common vs. as joint tenants w/ right of survivorship.

It's not a matter of "becom[ing] executor of the account" as such but executor of his estate, and then being in a position to establish to the mortgage company's satisfaction that you are the executor of his estate and the heir to his estate. You'd seek local estate-probate counsel about that.


Under Garn.-St. Germain (a federal law), the mortgage company isn't in a position to force you to refinance the mortgage if you're his heir and you're willing and able to pay it. (I don't know of any repeal of that law.) Seek local real estate counsel if necessary.

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