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Query on Spouse's Mortgage 
Started by Liam87
19 Aug 2015, 2:43 PM
Hi all, I'm new to this forum and I'm 87. My spouse died couple of months before and I'm here to inquire about a mortgage taken by her.
She was having a mortgage from Northwood Mortgage www.northwoodmortgage.com Onatrio, and was paying its monthly installments on a regular basis. Never made any delays about that. After her death I think there was no follow up on it, they were notified about her demise and there were no communication.
Now, I'm worried about the mortgage, will it become my responsiblity. No notifications were forwareded on my name, so I don't have to be worrying right? Or, if it by default my responsibility?
I don't want to go and inquire about it either, if they have left it unnoticed, and I'm reminding them, I don't want to pay it off alone.
What exactly should I do on this matter.
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Reply by moderator | modératrice
19 Aug 2015, 4:59 PM
Hi Liam,

Welcome to our Virtual Hospice community. I'm sorry to hear about your loss.

You ask a very interesting question that I'm not sure any of our members knows the answer to. I'll reach out to Razz and OldBat. They may have some info to help you get started.

In my opinion you should make some inquiries with legal counsel. You can often get a free 15 or 30 minute session with a lawyer to find out if you need a lawyer. I also found this Ontario website Your Legal Rights.ca

This page outlines options available if you can't afford a lawyer

I haven't needed a lawyer, but I'm bookmarking this page for future use. Thank you Liam for sending me on the search.

Are you still living in the house? How are you doing on your own?
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Reply by NatR
19 Aug 2015, 5:52 PM
Hello Liam,

I am glad you have found the forum, but I am sorry for your loss.  
I wish I could answer your questions but I dont know the answers.  Colleen has given you some great advice and I hope you do find the answers.

I think it is important to ask questions and not ignore something that could turn into some kind of burden or mess for you.  Its really better to ask...in my humble opinion.
Wishing you the best...and hope you will let us know what happens.

Your information will in turn be helpful to someone else....that is what the forum is great at doing...sharing helpful tips on how to get through life...

Sending you thoughts today..
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Reply by Razz
19 Aug 2015, 5:54 PM

My condolences on your loss Liam. 

Unfortunately your questions about her mortgage aren't easily answered as each case depends on a number of factors.  Did you co-sign the mortgage?  Was it a joint mortgage?  Did she have life insurance on the mortgage?  Did she have a will and if so are you the executor of her estate and were her "assests" left to you upon her death? Each case is different and there are so  many variables involved.   

Even though the mortgage company has been informed of her passing and they haven't made any communications to you specifically that does not neccessarily mean that you are not responsible for the repayment of it.  Just like with Revenue Canada the excuse of "I didn't know" does not apply.  It's up to the individual to make sure they have the information and knowledge they need.  I'm going to agree with Colleen here and suggest that you get legal advice.  You're going to need a lawyer to "probate" her will and a mortgage is usually part of the "debts" that the pay out of the estate covers. 

Don't panic just yet but do make the needed inquiries.  In the long run it will save you a lot of grief.  I know that you don't want to "stir things up" with the mortgage company but the sooner you find out from them what is happening with it the better.  It may not be as bad as you fear but you're going to need to contact them one way or the other to find out the status of the mortgage.

I'm sorry that you have to deal with such worrisome things at this time and do hope that things work out in your favor. 


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Reply by moderator | modératrice
19 Aug 2015, 5:59 PM
NatR, you always know how to welcome a newcomer warmly.
Razz, I knew you would have solid counsel.

Thanks for jumping into the conversation.

Liam, please let us know how it goes. We will all learn from your experience.
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Reply by oldbat
19 Aug 2015, 7:02 PM
Hi Liam,

I am so sorry that you have to cope with this worry after your loss.  Like others who have responded to your post, I don't have a specific answer, but I do know that if you call the Law Society of Upper Canada you will receive 30 minutes of advice free from a lawyer trained in that particular specialty.

There are also  free legal clinics you can access through your local community centre(s).  I did this recently and was very pleased with the advice I received.

Do either, or both, as fast as you are able.  Leaving a matter like this "pending" will probably not work to your advantage.  I know this through (hard!) experience.

Please do stay in touch with us here at CVH.  There is usually someone, and often multiple "someones", who can offer sage advice.

Take care of yourself, Liam, and let us know how you're doing.


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