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Husband died, banking/legal dilema with mortgage

  • 05-08-2012 11:49pm
    #1
    Registered Users, Registered Users 2 Posts: 3


    Hi,

    my husband passed away and i'm left with a legal/banking mess over his mortgage.
    due to his health conditions when he got his mortgage he had life cover waivered.
    i am not named on the mortgage, however when i contacted his bank to notify them of his death, they're proposal now to handle repayments is for me to pay.my solicitor says i'm not responsible for the mortgae,but that the bank is entitled to seek payments if i agree to continue the repayments or else sell the house.
    i am not in a position to do either as i have 3 young kids and work only on min wages.

    Anybody got good advise for me?
    Thank you.


Comments

  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    You may be entitled to mortgage interest supplement, which should cover part of the mortgage for the moment. http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/supplementary_welfare_schemes/mortgage_interest_supplement.html

    You may also be entitled to some form of one parent family payment and/or family income supplement.

    Have you claimed your bereavement grant?

    Ultimately, the bank may need to repossess the property.


  • Moderators, Business & Finance Moderators Posts: 17,859 Mod ✭✭✭✭Henry Ford III


    Sincere sympathies OP.

    Victor nailed the s.w. possibilities in his reply above. Did your late husband leave a will? Any idea of the value of the house, and the balance of ther mortgage remaining? Were there any other assets? Any life assurance? Did your late husband work? If he did and was in a pension scheme there may be a death in service benefit payable.


  • Registered Users, Registered Users 2 Posts: 3 YellowFlower


    Husband left no will, no pension, no life cover etc.
    i've sourced all info on social welfare entitlements, so there is financial help there, but it's just the situation regarding the mortgage.

    i recently got an auctioneer out to get today's market value on house and am awaiting result.


  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    This sounds like one where you need to continue listening to your solicitor and not online fora. If you're not a borrower under the mortgage you may have no obligations to make the payments. By virtue of Family Protection Act you may have rights to remain in the house or to some of the gross proceeds. If you acknowledge that you are liable for the debt, you may likely become in a worse position.


    Stick with the solicitor or, if you cannot afford to pay, work with FLAC (Free Legal Advice Centre). Do not sign anything or send anything in writing to the lender without it being reviewed by a solicitor.

    Before anyone suggests otherwise, I am not a troll and I believe in meeting your obligations. However, first pne must establish what YOUR obligations are.


  • Registered Users, Registered Users 2 Posts: 24,924 ✭✭✭✭BuffyBot


    Indeed, this isn't the appropriate venue for this. Keep taking the professional advice your getting and work with them to resolve it.


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