can mortgage be transferred to surviving spouse who's name is listd as owner but not on the mortgage?

More info needed to answer you question directly, but in general, there is a law that protects folks who inherit a property with a mortgage. Garn-St. Germain Depository Institutions Act of 1982 mandates that the lender cannot call the loan due and payable if you inherit a property with a mortgage. So there is no benefit to have the mortgage in your name.. You are already listed on the Deed which give you ownership rights, but you're not responsible to pay the loan. This dosent mean that the lender cannot foreclose.. If you don't make the payments they can, but it wont show on your credit as a foreclosure since you were never obligated for the mortgage. So in essence, you have all the ownership rights without the obligations of the mortgage.. So long as you continue to make the payments on time, you should not have any issues.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com NMLS# 226347