Mortgage still in a deceased persons name?

jumpingjack75

Posting on behalf of a dear friend who's husband walked out last week after 30 years marriage. We have visited Citizens Advice & because there are at least 3 possibly 4 properties involved and she suggested first off to check with the Land Registry who owns what... I would like some advice on one of the properties please. This property was owned solely by the husbands mother. She died in 2013 leaving a quarter share to the husband & three quarter share to a sibling. Mortgage was approx 40k at time of death. My friend has found documents that husband tried to remortgage their family home to take on mortgage but has found nothing to say he ever got it as he has wiped computer/taken relevant paperwork & family home/mortgage is in his name only so no way of finding out. However the land registry is still showing the deceased as owning the property & a bank as a lender? First off .. is it a legal requirement to let the Land Registry know that the owner has deceased. Secondly is it possible that someone can continue to pay the mortgage in a deceased's name & not have to let the mortgage company know? Thanks in advance...

Thrugelmir

May be worth seeking legal advice as doesn't sound if the estate of the deceased has been dealt with correctly.

jumpingjack75

Thrugelmir wrote: »

May be worth seeking legal advice as doesn't sound if the estate of the deceased has been dealt with correctly.

In what way not correct. My friend has a 30 minute appt with a solicitor next week so we need to be precise with our questions... Thank you for replying

Thrugelmir

Mortgage is in deceased's name. This should have been discharged.

If this wasn't addressed properly what was.

jumpingjack75

Is there a legal obligation to discharge...

silvercar

There is a legal obligation to deal with the estate of the deceased.

Thrugelmir

Who were the executor(s) of the estate?

jumpingjack75

As far as I am aware... The two sons.... one of which is the husband. He was left a quarter of the property & the sibling left three quarters. The home computer has been wiped & we are struggling to find anything from 2014 on but there are documents that the husband was trying to borrow to take on his mothers mortgage.... no idea if he succeeded. All we can definitely say is the house is still in the deceased mothers name & there is a lender which my friend thinks is the original lender...Would it be still possible to pay a mortgage in the deceased name?

davidmcn

jumpingjack75 wrote: »

Would it be still possible to pay a mortgage in the deceased name?

Yes, especially if the lender hasn't been told about their customer's death. In any event they're unlikely to turn down someone offering to service the loan (but may expect it to be redeemed by the executors sooner rather than later).

jumpingjack75

davidmcn wrote: »

Yes, especially if the lender hasn't been told about their customer's death. In any event they're unlikely to turn down someone offering to service the loan (but may expect it to be redeemed by the executors sooner rather than later).

Is that legal?

davidmcn

jumpingjack75 wrote: »

Is that legal?

Which bit? Executors are meant to repay the deceased's debts (assuming there are sufficient assets in the estate). Not clear from what you've said what happened to the administration of the estate or whether it's (very slowly) still ongoing.

However, given your friend doesn't appear to have an interest in this property, I'm not sure what she's trying to achieve?