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Author: JAFO31 Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 128403  
Subject: Re: Refi Woes Continue.... Date: 9/2/2012 2:54 PM
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BlueGrits (previously}: {{{"I can see Donna's point in all this. If the deed was truly in my name and I died, then the loan would unsecured"}}}

JAFO: <<<No.>>>

"I was thinking of the lender being concerned about this scenario: If I were to die with the deed only in my name, my will could bequeath the home to, say, one of my sisters. My sister would then have the home and DW would still be responsible for the loan (which would no longer be secured)."

You iste would have teh home subject to the mortgage/deed of trust. If the debt were not paid, your sister would likely be foreclosed upon and would no longer have the home.

"Or would my half of the loan be a claim against my estate and have to be paid off from my individual assets (such as RIRAs, IRAs, etc)?"

What "half of the loan"? You signed as borrower, and are in all probability jointly and severally liable for 100% of the debt.

Theoretical Note noted.

Regards, JAFO

STILL NOT LEGAL ADVICE; subject to standard disclaimer.
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