HELP! Lender Won't Recognize Widower's Authority Over Deceased Wife's Loan/Estate

Pending short sale.  The lender/servicer is Residential Credit Solutions.  RCS will not recognize the deceased borrower's spouse as having authority over her estate.  She passed away without a trust or a will.  Her name was the only name on the note/loan although title is in both names. 

Any help would be appreciated.  We told them that Califronia is a community property state and have provided the marriage certificate as well as the death certificate. They want more evidence that the widower has been named as an executor of the estate.  Any ideas as to what would constitute acceptable authority? 

Thank you,

Maureen Moran

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Permalink Reply by Sarah Eakes on November 7, 2013 at 3:25pm

Here in Virginia, although it is not required by law for the surviving spouse to file anything with the court/probate division stating they are indeed the surviving spouse, it IS required when dealing with real estate transactions.  Here is it called a List of Heirs (when there is no Will, this is basically all that must be filed when it comes to real estate).  This provides the title company/closing company - or in your case, the lender - proof of a recorded document showing the surviving spouse is indeed who they say they are.  Here in Virginia, you have to call the Clerk of the Court and make an appointment (you cannot just 'walk-in' for this...as they will need to spend about 20 minutes with you and they will need certain documents (a death cert, but beyond that you should ask specifically what your state requires). Then the Clerk will record it and you have a copy to provide to the bank showing them 'officially' where the spouse stands.

Permalink Reply by Maureen Moran on December 5, 2013 at 11:03am

Thank you Sarah, The insured may need to get a lawyer as the RCS is not recognizing the surviving spouse as having any interest in the property.  I will be posting a new question today and hope to get some more information. 

Thanks again,

Maureen 

Permalink Reply by Maureen Moran on December 5, 2013 at 11:56am

Hi Ron,

Thank you!  This looks good.  I will forward over to the negotiator for review.

Maureen 

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