DEAR BENNY: My father passed away in January 2008 and I have inherited his townhouse. He had an existing mortgage, and I am continuing to make the mortgage payments. I have not notified the mortgage company. I am unable to obtain financing for the home in my name at this time. I have already been turned down twice. Does state law allow me to assume this loan, or if the finance company finds out, can it pull the loan? I don't want to lose the house. There was a will (I was the personal representative and sole beneficiary) and I had an attorney prepare the deed, which has been recorded in my name. It was my father's wish that the house be mine upon his death. --R.N.
DEAR R.N.: Please relax. State law has nothing to do with this. Federal law -- called the Garn-St. Germain Depository Institutions Act of 1982 -- protects you. This law, among many other matters, specially addressed your issue. more...