My dad was killed on January 4, 2011 and while trying to get his and my moms affairs in order, we learned that both my mom and dads names were on the deed to the house but only my dads name is on the mortgage (even though my mom is positive they refinanced in both of their names). My dad hadn't been working much and they were a little behind on their mortgage, however, the mortgage company will not tell my mom how behind they are, etc because her name is not on the mortgage. We're not sure what to do from here? At this point, they owed more than the house is worth but my mom wants to try to keep it. What are our options?

Well, this is a new one. I would "guess" that the mortgage company realizes your Dad has passed away.

Was there a Will? Has the Estate been probated?

I have no idea how the mortgage company expects to be paid if the mortgage company won't tell anyone what is owed.

The bank is correct that if the mortgage was in your father's name your mother can't simply assume the mortgage and make the payments. She would have to refinance in her own name OR sell the property and pay off the mortgage(s).

I don't know when they signed the mortgage papers. Your mother will have to continue to search her memory and records AND request a copy of the mortgage papers from the bank before she can do anything. She either is on the paperwork or she is not and that will make a difference.

Who is executor of your father's estate?

I'm sorry for your loss - hard enough to lose a parent without legal problems. I was widowed - your mother has my sympathy.

My condolences on your loss.

How is the deed worded? Was it as joint tenants with right of survivorship? Is a lien recorded against the property? There is a remote possibility that your mother is not the sole owner of the property and, since she is not a party to the loan, the bank may not have a right to foreclose.

Yes, all the "what if" get very complicated, and you need to have a real estate attorney look this over.