 I think my Debit Card info was stolen? |
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Libby T | Mobile home loan in TX: Owner died, widow wants it to disappear? |
After 10 years of marriage, my mom's husband recently died. When they married, he brought a mobile home onto her property. My 72-yo mom has no need for this mobile home. They always lived in her home. His mobile home was rented to my brother for awhile.
According to his credit report, about 14k is still owed on the mobile home. The debt is in his name only; it's
Additional Details
According to his credit report, about 14k is still owed on the mobile home. The debt is in his name only; it's listed as an "Individual" debt. The mobile home is old, cheaply built, in poor shape, and worth far less than 14k loan payoff amount. (Monthly payments are now about ~$80 principal; $175 interest.)
Will having Green Tree Servicing "repo" the mobile home have any effect on my mother's credit? Texas is a community property state, but the mobile home debt is listed as "Individual" on her dead husband's credit report.
Mom's attorney is on vacation; the death certificate hasn't even come back yet, and her dead husband left her one heckuva mess (lots more individual debt in his name she's plowing through). So any advice, insight, or soothing words of wisdom I can pass along to mom, who's in poor health herself, will be deeply appreciated. |
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Not My Real Name or Face
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If the debt is in his name it will be deducted from his estate. You can't just make a debt "disappear" |
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Caveat Emptor
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You can make a mobile home "disappear", but not the debt. His estate is responsible for that. Whoever the executor is should try to sell it. |
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Laredo
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Did your mother's husband leave a Will? If so, nothing can be done until it is probated and settled. In my state, creditors have 6 months to file a claim against the estate. I recently went through probating TWO Wills when my mother died and 30 days later my brother died in an accident. The first thing I did was write letters to the creditors notifying them of their deaths but didn't send my name or phone number with the notices, just the name, birthdate, account number of the debtor. We ordered 15 CERTIFIED copies of the death certificates and sent copies to the creditors. We notified the power, phone, TV, and water providers that they were dead. We immediately filed notice at the Post Office that they were dead and asked them to return all the mail to the senders. Mom owed about $5k on her credit card and they cancelled her debt when I sent them a copy of her death certificate. Of all the debts she owed, not one of them filed a claim against the estate.
The executor of the estate can notify the creditors of his death and surrender title to the mobile home but she needs to get the attorney to help her. Since it isn't in your mother's name it shouldn't have any effect on her credit. Another thing is that the man owned the mobile home before he married your mother and that makes it the sole property of her husband.
Try not to worry and let your attorney take care of it for you. Just be sure and keep a list of debts, cars, and items he bought BEFORE he married your mother. |
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