My husband died in the last few weeks, what happens to his unpaid mortgage?

There are a few things that could happen. As it appears you deeded out an interest, the property belongs to his estate; and the house is the problem of whomever decides to administer his estate by will (probate) or intestate administration if there is no will.

Odds are the house will be sold as soon as enough payments are missed to throw the property into foreclosure. In a BEST case scenario, the lender may try to let you arrange financing and pay off the mortgage.

Your position depends on if there is a will and what you choose to do going forward. You need to talk to the county probate clerk and probably a local estate lawyer.

Any money left over after the property is sold would be the property of his estate, and divided according to state law among the 3 of you depending on the other debt and heirs who may be entitled.

You really need to start at the county probate office; and a lawyer.

I am very sorry to hear that you were left in such a position. It appears that your husband did not keep you informed about any financial details, which now leaves you in the dark.

Don't you have anyone who can advise you on this?

You should talk to an attorney immediately.

And you will need to find some way to support yourself if you have no pension or other assets.

If there is no will, the estate, including the house will go through probate, and after that all happens you will know what you end up with, if anything.

Any debts (mortgage other loans, credit cards, etc.) will have to be paid before any assets are released to the heirs.

Of course you won't get any money back that he paid on the mortgage. A mortgage is a loan, and what your husband paid to the bank was to partially satisfy the loan he took against the asset (the house).

If there is a mortgage on the house, no payments are made on the mortgage, at some point it will be foreclosed by the bank.

You need to be proactive about this. Are his adult children in the picture?

Do they have any information about his finances? Talk to them right away and get this straightened out.

Unless your husbands estate has other assets that can be used to pay for the remaining mortgage, the house will be sold by the estate to cover the mortgage. The executor of the estate must attempt to get fair market value for the house (meaning they cannot sell it to you for the remaining amount of the mortgage). Obviously, if you cannot afford a mortgage on the market price of the house, it will get sold to someone else and you will have to move.

Since your husband had no will, the probate court will appoint an executor (probably you or one of your husband's adult children) to oversee the distribution of assets - which will be distributed as per Oregon probate laws. Find out who the probate officer is for your husband's estate and see what to do next.

Talk to the mortgage company to find out what happens to the house and the remaining mortgage. In theory somebody owns 60% of the house, but it depends whether your name is on it, whether he had mortgage insurance and also what it says in his will.

Since you have been married for that length of time and lived in the house, it should be yours, but unless he had mortgage insurance, and unless you can make payments, the company may have to foreclose, sell the property and pay you the balance. Or maybe you can remortgage so the payments are lower. Talk to them.

Talk to a lawyer and see what you can do .