Ask Money

Foreclosure on death

Chris Farrell Nov 13, 2009

Question: For a couple that has a good payment history… Is the death of a spouse enough cause for a bank to foreclose a mortgage? Andrew, Berkeley, CA

Answer: Absolutely not. No way. Nyet. The bank only cares about getting the mortgage payment on time. The only reason for a bank to put a home into foreclosure is if payments aren’t being made (And in today’s environment at least some people who haven’t been able to keep up on the mortgage are able to get it modified so that they can stay in the home. ) As long as the mortgage check is cut every month the surviving spouse keeps the home. There will be some paperwork involved if the name of the surviving spouse wasn’t on the mortgage. But foreclosure on death? No.

Of course, this is a purely money and cents answer; I’m not addressing the grief and sorrow of losing a spouse.

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