Sunday, August 22, 2010

My aunt died we lived in house together I am on the deed but not the mortgage can I still keep the house ?

Can I keep the same mortgage or will I have to qualify for another mortgage.


Im desperate I have Three children and I am a single parent. Should I retain a lawyer?My aunt died we lived in house together I am on the deed but not the mortgage can I still keep the house ?
Being on the Deed is more than half the battle.





The mortgage company will still want payment. I would contact an attorney to determine what you need to do.My aunt died we lived in house together I am on the deed but not the mortgage can I still keep the house ?
retain retain retain
Your aunt's estate will need to be settled.





If you are the executor or her will you should contact an attorney who will be able to answer your questions.





If you are not the executor and know who that might be, find out what attorney the executor is having settle the estate.





If you aunt died without a will --- you should contact the attorney of your choice to get this resolved.





As far as the mortgage - it was in your aunt's name - she is no longer living. I am not certain if you can assume the mortgage or would need to start a new one. If your aunt had not refinanced in several years, you may be able to get a lower rate.





And while you are in this process - get your own affairs in order. Make sure you have a will --- especially important when you have minor children. If you should die, who should be appointed to care for the children.





Should you become incapacitated for any reason: Who should be designated to act for your. A durable power of attorney can do this and can be prepared by your attorney.





These are all things we don't like to think about, but need to be handled.
Consult a lawyer.





There is more than one way for your name to be on the deed. You could be a tenant in common which means you own your percentage of the house and your aunt owned hers. (For example, you could own 50% and she could own 50%.) I that case, her share would become an asset of her estate and would be disposed of according to her will (assuming she had one).





The title may have been held as joint tennants with right of suvivorship. In this case, you would own the house outright without her estate being probated.





In either case, you would own the house subject to the mortgage. That means the debt still needs to be paid. There may be a due on death clause in the note which would require the entire amount to be paid at once. Whether there is insurance (or other cash assets) to repay the mortgage is really immaterial (though perhaps important to your outcome).
I need a lot more data;





such as; did she have insurance?


often times, when a relative has


insurance and a will, the will and


insurance will stipulate that on her


demise, the insurance will pay off


the mortgage. If so, you are now


the owner of a debt free house.





IF her will did not state that, you are still in good condition.





Being on a note means an obligation.


Being on a deed means an ';equitable interest.'; 95% of all people


are on both.





TO not be on an obligation but be


on the deed is great.





I need to know about the insurance


and will and whoever is supposed to


pay the mortgage. It is also possible


that the mortgage has a death clause.
It will depend on her estate and how it is settled. Is there a will or estate plan? Who is the executor?
You don't need an attorney yet.





You are missing a few key points for anyone to answer this. Was there a will? Just because you are on the deed doesn't mean she left you the house. Is there life insurance that might pay off the mortgage? If there is no will, the property will have to go through probate.





Once the estate is settled, you will have to obtain your own mortgage on the house.

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