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bigddaddy

Junior Member
What is the name of your state? nj, like in my 1st post my father in-law died with nothing .me and my wife gave them aprox,$22,000 for a down payment on a house last year, so are name also was put on the deed along with them but the mortgage was in his name only, not his wife,but in sept of last year he bought truck and put it in her name to witch she now can't afford [$530 a month @14% for 5 yrs for total of $37,000] if we put the deed in just our name leave the mortgage in the deceased name and let them repo the truck, they cant put a lean on the house for the truck if she has no assests? also the truck was purchased in PA.
 


TigerD

Senior Member
What is the name of your state? nj, like in my 1st post my father in-law died with nothing .me and my wife gave them aprox,$22,000 for a down payment on a house last year, so are name also was put on the deed along with them but the mortgage was in his name only, not his wife,but in sept of last year he bought truck and put it in her name to witch she now can't afford [$530 a month @14% for 5 yrs for total of $37,000] if we put the deed in just our name leave the mortgage in the deceased name and let them repo the truck, they cant put a lean on the house for the truck if she has no assests? also the truck was purchased in PA.

As I understand the question:
You and your wife loaned your father-in-law $22k toward a house. You are on the deed,but not the mortgage.

You are asking if you can transfer the deed and abandon the mortgage -- No. The bank is going to get paid or they will foreclose.

I don't understand what you are asking regarding the truck. Please rewrite your question using names like Mary, Sue, John and such. There are to many uses of "her" to keep track of who we are talking about.

DC
 

bigddaddy

Junior Member
What is the name of your state? nj, like in my 1st post my father in-law died with nothing .me and my wife gave them aprox,$22,000 for a down payment on a house last year, so are name also was put on the deed along with them but the mortgage was in his name only, not his wife,but in sept of last year he bought truck and put it in her name to witch she now can't afford [$530 a month @14% for 5 yrs for total of $37,000] if we put the deed in just our name leave the mortgage in the deceased name and let them repo the truck, they cant put a lean on the house for the truck if she has no assests? also the truck was purchased in PA.

if truck is in mother inlaw {say mom} mortage is in dead fathers name and deed is in our name dik and jane can if i let them repo the truck can the still com after the house if its not in moms name dads dead
 
Big Daddy, it would also be helpful if you would please write in complete sentances, using capitalization and periods. I'm going to try for you:

Dick and Jane's name is on the deed to house because Dick and Jane paid $22,000 for the house. Dick, Jane, Sally and Jim's names are all on the deed to the house. Sally and Jim are Jane's parents. Jim (Jane's father) has a mortgage on the same house. Sally's (Jim's wife and Jane's mother) name is on the truck.

Jim has died with no assets. (Although your post indicates that Jim's name is on the deed, so the truth of the matter is that he - and now his estate - has some ownership interest in this house).

Is that correct? If so:

Truck: the truck will be repossessed if no further payments are made. Sally may be sued for the amount due on the truck. Sally's interest in the house may be effected if there is a judgment for the amount due on the truck. There are several IFs: first, Sally would have to be sued; there would have to be a judgment; and there would have to be no exemptions in NJ which would protect the house.

House: if no payments are made on the mortgage, and/or the bank figures out that Jim has died, the bank will repossess the house.

Short answer to confusing story: someone needs to open up probate and properly deal with all these issues.
 

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