Loan Modification on loan- Borrower Deceased

I have a LO wanting to Modify a loan and I am unsure of these dynamics:

The deed had wife and husband with Joint owner of survivorship. Wife is the ONLY one on the original Note here at our bank. Both Wife and Husband are listed on Mtg. Wife is now deceased. Husband remarries. Now he wants to remodify the loan here. The husband will the the ONLY one on the Modification.


I am having a hard time with this one...first of all if he was never on the Note to begin with can he technically modify the loan? I know he was on Mtg, but not on our original Note...does that Deed technically put him in the drivers seat now for the loan? If so does this now mean the new wife has same benefits in the home as the deceased wife did previously?

Thanks for any input.

The note should have been settled at the time of the death of the wife through her estate. You need an attorney.