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#674608 - 01/29/07 06:05 PM Deceased loan customer
figgy0923 Offline
Member
Joined: Oct 2005
Posts: 58
indiana
I know this has come up before, but I can't remember what I found out. We have two loans that are joint, husband and wife. The husband recently passed away. The wife wishes to keep the loans open versus paying them off and just remove the husband's name. They total right about $10,000.00 and are in good standing. Are there requirements of what we have to do or can we make the call?

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#675325 - 01/30/07 02:56 PM Re: Deceased loan customer figgy0923
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
You make the call.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#676264 - 01/31/07 03:42 PM Re: Deceased loan customer figgy0923
Tom at HOME Offline
Diamond Poster
Joined: Oct 2005
Posts: 1,139
Look at your agreements for events of default.

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#676278 - 01/31/07 03:50 PM Re: Deceased loan customer Tom at HOME
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
What does the event of default have to do with this? I noticed it was also mentioned in the general forum. The question does not appear to be asking if they can, or have to declare the debt due and payable. If that was the question then I would definitely agree they need to review their contract.

They are asking if they have the option to leave the account open in the surviving spouse's name and remove the deceased spouse's name from the contract. There is nothing in IN law that I am aware of that would prevent them from doing either through a complete refinance or a modification with a copy of the death certificate.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#676310 - 01/31/07 04:11 PM Re: Deceased loan customer Dan Persfull
Tom at HOME Offline
Diamond Poster
Joined: Oct 2005
Posts: 1,139
Dan, if the term “make the call” means they can make the decisions I agree with you. The term make the call for an old special asset person is calling the loan, i.e., making demand.

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#676328 - 01/31/07 04:30 PM Re: Deceased loan customer Tom at HOME
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
Quote:
if the term “make the call” means they can make the decisions


That is how I read the question, but I can see where one might read it as can they "make the call" as in calling the note due and payable. Especially an "old" special asset person.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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