When a family member passes away, their loved ones sometimes become homeowners unexpectedly.
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If the inherited house was owned free and clear, with no encumbrances, the heirs can do with the place what they want. Typically, they sell it, but sometimes they move in and make it their own.
It becomes complicated, though, if there’s a mortgage on the property. And while it can take time to decide what to do with a house in such cases, you should act quickly to make sure the monthly payments don't skip a beat. Otherwise, the property could end up in foreclosure.
The same applies for anyone who ends up with a house after a divorce, or for domestic abuse victims whose abusers are ordered out of the house.
In all of these instances, there's a lot you’ll need to know: the amount of the mortgage payments; where to send them; the loan’s terms, including the interest rate; and the number of payments remaining. You’ll need to know your rights.
Unfortunately, according to a new report from the Consumer Financial Protection Bureau, help from the loan servicer -- the company hired by the lender to collect payments and pay your taxes and insurance -- isn’t always forthcoming in such situations.
The report says some heirs face “significant challenges” when dealing with loan servicers, including months-long delays and strong-arm pressure tactics about refinancing the mortgage.
There are laws against this type of bad behavior. Federal rules and mortgage program guidelines require servicers to help successor-owners obtain the information they need to manage the existing mortgage and, if the new owner chooses, to assume the loan. Servicers are compelled to let you know what documents are needed to prove your ownership interest, and to process your requests in a timely manner.
But the CFPB has fielded enough complaints that it has seen fit to remind investors and servicers that they must comply with all applicable laws and rules.
According to the agency, people report being told they must refi rather than being offered options for managing the current mortgage. These folks describe “significant stress” at the prospect of taking on unexpected debt at a time when they are still grieving.
In one complaint, a Virginia woman who lost her husband said she had been trying to take over their joint mortgage so she and her children could remain in their familiar home. She said she supplied the required documents, “often multiple times,” but when she called for updates, she was given “inconsistent explanations for deficiencies.”
Then, she told the CFPB, the company tried “to strong-arm me into refinancing the mortgage.”
Many heirs also wait excessively long times for servicers to process their requests, the report says. Some complain that servicers repeatedly request the same documentation or fail to respond to inquiries. And when delays occur, they report incurring legal fees and becoming delinquent on the loan.
A Missouri heir told the CFPB that for 156 days after her husband passed, she had tried to assume their mortgage. The servicer acknowledged her request but said it does not "have a program to remove a name from the loan. ... In order to remove a party from the loan, the loan would have to be refinanced,” the servicer said.
In some cases, servicers are refusing to release the original borrower from liability, even though that person is either dead or no longer resides in the house.
Many successors report being told they cannot assume the loan, even when they demonstrate their ability and willingness to pay it. They describe "showing months or years of making on-time loan payments from their bank accounts, high credit scores, good income and lengthy employment histories and still being steered to a costly refinance instead of having their assumption promptly processed.”
This happens largely in divorce cases in which a court orders an ex-spouse to be removed from the mortgage. For example, a Washington woman, with her ex's full cooperation and knowledge, applied to take over their house's mortgage. She reported exchanging at least 30 emails with the servicer, each time being asked for additional documentation. She had provided multiple bank statements, pay stubs and investment accounts to prove she could handle the monthly payments.
Nevertheless, “they continue to push out my request,” she said. “There is no reason for the delay. I was told it would have been easier to just refinance for the loan, which would be about (a) 4-5% higher interest rate.”
Domestic violence survivors also report that servicers continue sending account information to their abusers and require their consent for account changes, potentially creating threats to the survivor’s safety.
The CFPB report detailed a complaint from a Texas woman who had divorced her husband on domestic violence grounds and was trying to make their house payments to avoid going into foreclosure. Her ex tried to sabotage the process, and the lender didn’t help, either. All communications from the servicer were going to him and him alone.
“I asked them to please send copies of communication(s) to the home on the loan and they would not,” she said, adding that it took the company months to even add her phone number to the account.
"I’ve been trying to save this loan ... (but) they've refused to cooperate, communicate or accept any payment from me.”