Help? Mortgage experts in here?

[Bina]

I hope that it is NOT a reverse mortgage.....in that case ownership of the house can revert to the loan holder in the blink of an eye. Bad Idea.

 

[Ross]

No it is not a reverse mortgage. It is a HUD home rehab loan. 2 parts to it, the last being a deferred mortgage loan. Won't be a problem for the wife or I (It could be should we need to take out another mortgage), but it will be for our boys. Not something I wanted to do, but I don't have any choices. Either do it now or there won't be a house for anyone to worry about period.

 

[AgilityDog]

Ross, speaking as a professional in the field of probate, the attorney who drew up your Will may not (and probably won't) have sufficient expertise to answer your question about the deferred mortgage. My boss is board certified in estate planning, but this is a question he would refer to a real estate specialist. Although there may be specific probate issues involved. For instance, in Texas, at death of a debtor a secured creditor gets to elect either to accelerate the note but lose the security interest OR collect the note in the normal course of the note terms, while retaining the security interest in the property. Death is not usually considered a sale.

However, Ohio is probably different. In addition to consulting your estate planner, you need to speak with a real estate attorney, and provide him with a copy of the loan agreement, deed of trust, etc. so he has sufficient information.

Asking an estate planner or general practitioner about something this specialized is like asking the proctologist about your teeth. You very well may get the wrong answer. Different areas of knowledge. So don't be surprised if your estate planner takes a pass on the question.