JoAnn, addressing your query about what could have been done to add the wife's name as a mortgagee....it's been quite some time since I've worked at law firms handling mortgages on behalf of the lenders, but I have a fairly good recollection that there are conditions requiring notification if any of the mortgagors (borrowers) die.
It allows the mortgagee to evaluate the financial status and credit history of any remaining mortgagors, and, if appropriate, re-evaluate whether the remaining mortgagor can handle the obligations.
So if done properly, notice should have been given to the mortgagee at the time of the man's death.
When my sister died, I notified the mortgagee, sent a Death Certificate, and advised that I would be making payments as Trustee of her Trust until such time as the house was sold.
Unfortunately, the initial mortgagee (Republic) sold the mortgage to Countrywide, which created a nightmare of the whole situation, losing documents, denying receipt and I don't recall what other idiotic things.
It took several months just to get the dummies to figure out that my sister had died. (I was tempted to send them a photo of her gravestone!)
Well I think this is going to depend on the type of group that holds the mortgage. If it’s a big nationwide group, they imo could care less. aThey will put up all kinds of hurdles. Their holding the $$ and making bank on it, so why bother. Now smaller mortgage group or one affiliated with local or community bank, might do & want to do. Like they look at the marriage license and her cancelled mortgage payments and do an “and/or” check for the long held escrow. If she was a banking customer at the bank, that could help in this. Banks have to do the CTR rules but imo have some degree of latitude in how they accept checks or allow big checks to be credited immediately or like in 50-25-25% increments rather than a must wait 10 full biz days. If it’s a within the bank move of $, I bet there’s a way.
I don’t know how it is for you, but here all lobbies are closed as of last month. To do anything that needs a “wet” (signature) or notary work, it has to be scheduled in advance and not simple. Most things are getting fed Ex’d or uspo certified done, mobile notarized. Seems to be if you can sit things out till midMay, try too. I’d hate to be trying to sell or buy a home right now atop everthing else.
Just call the mortgage bank and ask if the check can be reissued in her name. If they won't do that, then she needs to talk to someone at her bank. It depends how large the check is. I received a check for $200 after probate was closed on Mom. The bank allowed me to deposit it to my acct. When my Mom wanted to receive her State tax rebate after my Dad died, she was told she had to probate his Will. Which only said what's mine is yours. She may have to do something like that so it can be considered part of his estate and then she, as his wife, inherits it.
JoAnn, On the amount will make a difference aspect...... If this is an old escrow account and getting interest paid for 10+ years, it might, just might could be over 10k. Which sounds terrific, but poses problems for banking. If over 10k, it will get into the IRS required Form 8300 & banking Currency Transaction Report requirements. The over 10k is a hard & fast rule, no way around them in my experience. There is no way a bank will deposit a 10k+ check Nowadays without it clearly being payable to a current account holder whose name is on the check. The CTR & 8300 will have to be filed and on record.
Sack, because of this, please try to see if the mortgage co. will reissue the check so that’s it reads payable to: John Smith and/or Alice Jones Smith, with whatever address Alice has on her state drivers license for the check. The “and / or” part is important. This way she can sign it just with her signature. If you have their marriage certificate, that might help in getting this to happen.
As an aside on this, anyone who is applying for the Covid-19 PPP$ or EIDL 10k+ Grant / Loan program to get $ from SBA will have 8300 and CTRs done by the partnership bank & a matchup with IRS for tax status before any $ released. So there might be a wait to get IRS/CTR filed & clearance to get deposit over 10k funds out from a bank right now.
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It allows the mortgagee to evaluate the financial status and credit history of any remaining mortgagors, and, if appropriate, re-evaluate whether the remaining mortgagor can handle the obligations.
So if done properly, notice should have been given to the mortgagee at the time of the man's death.
When my sister died, I notified the mortgagee, sent a Death Certificate, and advised that I would be making payments as Trustee of her Trust until such time as the house was sold.
Unfortunately, the initial mortgagee (Republic) sold the mortgage to Countrywide, which created a nightmare of the whole situation, losing documents, denying receipt and I don't recall what other idiotic things.
It took several months just to get the dummies to figure out that my sister had died. (I was tempted to send them a photo of her gravestone!)
Now smaller mortgage group or one affiliated with local or community bank, might do & want to do. Like they look at the marriage license and her cancelled mortgage payments and do an “and/or” check for the long held escrow. If she was a banking customer at the bank, that could help in this. Banks have to do the CTR rules but imo have some degree of latitude in how they accept checks or allow big checks to be credited immediately or like in 50-25-25% increments rather than a must wait 10 full biz days. If it’s a within the bank move of $, I bet there’s a way.
I don’t know how it is for you, but here all lobbies are closed as of last month. To do anything that needs a “wet” (signature) or notary work, it has to be scheduled in advance and not simple. Most things are getting fed Ex’d or uspo certified done, mobile notarized. Seems to be if you can sit things out till midMay, try too. I’d hate to be trying to sell or buy a home right now atop everthing else.
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Call the Mortgage company first.
Sack, because of this, please try to see if the mortgage co. will reissue the check so that’s it reads payable to: John Smith and/or Alice Jones Smith, with whatever address Alice has on her state drivers license for the check. The “and / or” part is important. This way she can sign it just with her signature. If you have their marriage certificate, that might help in getting this to happen.
As an aside on this, anyone who is applying for the Covid-19 PPP$ or EIDL 10k+ Grant / Loan program to get $ from SBA will have 8300 and CTRs done by the partnership bank & a matchup with IRS for tax status before any $ released. So there might be a wait to get IRS/CTR filed & clearance to get deposit over 10k funds out from a bank right now.