Toni came to Legal Aid seeking help with a mortgage loan that was at risk of foreclosure. Years ago, Toni and her husband purchased their home together. Shortly before his death, and unbeknownst to Toni, her husband had taken out a mortgage on their home solely in his name. It had been his intention to pay it back quickly, but his unexpected death left Toni with a sizeable mortgage debt to repay on a loan that was not in her name. She stayed current with this mortgage for nearly a decade, but due to unforeseen medical expenses and a fixed income, Toni fell behind in her payments. At this point she tried to apply for a mortgage modification with her lender, but as her name was not on the mortgage, her lender would not allow her to apply for a modification without being able to prove she was the executor of her husband’s estate. It was at this point that Toni came to Legal Aid seeking assistance.
Upon reviewing her case, Toni’s Legal Aid attorney filed a Small Estate Affidavit with the Probate Court, listing her as an Affiant in charge of the administration of her husband’s estate. The Probate Court approved the filing. Toni’s Legal Aid attorney presented her lender with the judgment and a full Request for Mortgage. Toni’s lender approved her for a Trial Period Payment plan, which reduced her mortgage interest rate and payment. After three months of making payments under this plan, Toni’s lender permanently modified the loan to reduce her interest rate and payment to an amount that she could afford long term.
With the help of her Legal Aid, Toni was able to keep her home.