If the mortgage was in the deceased spouse's name only, the surviving spouse may still have certain legal protections and rights depending on various factors, including state laws, the terms of the mortgage contract, and the surviving spouse's ownership interest in the property. Here are some potential legal protections for the surviving spouse:

1. **Homestead Rights**: In some states, surviving spouses have homestead rights that protect their interest in the family home, even if they are not listed on the mortgage. These rights may include the right to remain in the home for a certain period of time, the right to receive a portion of the proceeds from the sale of the home, or protection from creditors' claims against the property.

2. **Community Property Laws**: In states with community property laws, property acquired during the marriage is typically considered community property, regardless of whose name is on the title or mortgage. This means that the surviving spouse may have a legal interest in the property and may be entitled to a share of the equity or proceeds from the sale of the home.

3. **Probate Proceedings**: If the deceased spouse's estate is subject to probate proceedings, the surviving spouse may have certain rights and protections under state probate laws. This may include the right to petition the probate court for a share of the deceased spouse's assets, including the family home, regardless of whether they were named on the mortgage.

4. **Spousal Protections**: Some states have laws that provide spousal protections in the event of the other spouse's death, including protections related to housing and property rights. These laws may vary depending on the jurisdiction and the specific circumstances of the case.

5. **Legal Representation**: The surviving spouse has the right to seek legal representation and advice to understand their rights and options regarding the mortgage and property ownership. An experienced attorney can review the relevant laws, documents, and circumstances of the case and provide guidance on how to protect the surviving spouse's interests.

It's important for the surviving spouse to consult with a qualified attorney who specializes in real estate and probate law to understand their rights and options regarding the mortgage and property ownership. The attorney can provide personalized guidance based on the specific laws and circumstances applicable to the case.

The Garn-St. Germain Depository Institutions Act of 1982, which was passed before 1982, states that mortgage lenders can't treat a borrower’s death as a property transfer. The Consumer Financial Protection Bureau (CFPB) also has rules that allow the surviving spouse to assume the mortgage, as well as seek loss mitigation or pursue a loan modification.