[03rivers]

A second marriage spouse had died, that spouse is on the deed and the mortgage. The surviving spouse receives the house and the mortgage, correct?

[Fr_Chuck]

How are they named on the deed, both listed with right of survialshiip?

But it can happen like that,

[xoxaprilwine]

a second marriage spouse had died, that spouse is on the deed and the mortgage. The surviving spouse receives the house and the mortgage, correct?

Ok so if I got you right one of the spouses of a second marriage is dead (1st spouse is gone and not on deed/title-has no interest in the estate). Both the married spouses are on deed/title and also as per the mortgage requirements, both married spouses are on mortgage.

On deed/title does it state that they are Tenants in Common or Joint Tenants? If they are Tenants in Common basically that means that the portion of one of the spouses estate (be it 50%) will go to Estate Planning or if there is a Will it will be dictated per the Will. If they are Joint Tenants then there is what is called the right of survivorship which ultimately means that the house becomes or transfers ownership to the surviving tenant/spouse in whole.

For mortgage well if the owners didn't buy additional coverage it may be possible that the estate or survivor will be responsible but in our law it is mandatory to have this coverage in place this way the mortgage is paid out in full not leaving the survivor will additional financial strain or suffering.

Unfortunately it will depend on the deed/title ownership and mortgage clauses.