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Real Estate

Mortgage Modification Agreement

Georgia

Asked on Jan 3, 2022

Do you handle Forbearance in Ga?

We currently were in the Forbearance program. My father passed away he is the only one listed on the title, however him and my mother are still listed on the loan. The bank will not let us do a loan motification since my father is deceased . They are wanting the missed payments all at once or they say we loose the house

1 Attorney answer

Answer

Real Estate

Georgia

Answered 244 days ago

Meghan T.

ContractsCounsel verified

Business Lawyer
Licensed in Georgia
Free Consultation

Hello. First, I would like to say I am sorry for your loss. Regarding your question, I can provide a more general type of answer since more specifics are needed to determine the rights of you and your mother. The ability to continue with a forbearance program under these circumstances depends on the type of program applied to this loan. For example; the COVID hardship forbearance program applies to ALL federally backed and federally sponsored mortgages (HUD/ FHA, VA, USDA, Fannie Mae/ Freddie Mac). Depending on the loan type, a total of 18 months of forbearance may be applied to the loan. If the bank applied a different type of forbearance program, there may be different stipulations and mandates. Therefore, it is important to know what type of forbearance program is being applied and what the stipulations are. In any event, forbearance is an agreement by the bank to not do something (such as place the loan in default for missing a mortgage payment) for some stipulated period of time. The mere fact that your father is the only person listed on title and has passed away, may not change that agreement especially if the loan is federally backed. This is because although many loans and forbearance agreements contain a due on sale transfer provisions, federal law prohibits enforcement of these provisions for federally backed mortgages when the transfer is death related. Thus, depending on the circumstances, the bank may be prohibited from immediately accelerating (requiring "the missed payments all at once").

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