My ex's mother died 2 years ago... Her young husband took off with everything and did not file her estate in probate. Her son is living in her home and has been paying the mortgage that in still in his deceased mother's name and her husband's name. The husband is no where to be found. In checking with the registrar's office there is only a quit-claim deed recorded leaving only the deceased mother as the receiver of the property.

When calling the mortgage company to gain information about a possible foreclosure the son finally informed the bank of the mother's death, yet nothing can be done because the husband's name still exsists on the mortgage.
Would they have been able to obtain a mortgage with only a quit-claim deed?
What options does the son have in saving the house?
And if the property is solely deeded to the deceased mother and no will was left, doesn't the son have 1/2 of the property rights?

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yet nothing can be done because the husband's name still exsists on the mortgage.

The husband is probably on the mortgage simply because he could otherwise claim some sort of right to the property superior to the mortgage. An action can be brought against him to remove his interest, whatever it is, as a cloud on the title. If he has disappeared, he could be served with process by publication so as to get jurisdiction over him, and he could then be defaulted.


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Would they have been able to obtain a mortgage with only a quit-claim deed?

Sure. The bank would have looked at a title report, and if it shows that whoever signed the deed owned the property free and clear, it really doesn't matter very much whether it's a quit claim deed or warranty deed.


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And if the property is solely deeded to the deceased mother and no will was left, doesn't the son have 1/2 of the property rights?

Something like that, depending on the intestacy statute in your particular state.