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Your aunt's real estate is in her estate and her estate must be probated. The property will pass according to the provisions set forth in her will. If there is no will, her property will pass to her heirs at law according to the laws of intestacy in her state. If you are her only heir or heir at law the property will pass to you. However, the estate must be probated in order for the title to the real estate to pass to you legally.

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Q: The deed for my house is in deceases aunts name I have always paid the mortgage and taxes as well as performing necessary upkeep how do I go about transferring the deed to me?
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Am I responsible for my father's mortgage if he is no longer on the deed?

If you father granted a mortgage prior to transferring the property to you then the mortgage must be paid. If you don't pay it then lender will take possession of the property.


What is a non performing mortgage?

A non performing mortgage is one on which the borrower has defaulted and not made either interest payment, or principal repayments. The lender will take possession of the property by foreclosure.


Can one spouse bump the other off title to real estate in California by a refinance loan in their name only?

No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.


Is mortgage protection insurance necessary to have?

Yes and no, mortgage protection insurance is necessary to have. According to the Private Mortgage Insurance Law lenders who put less than a 20 percent down payment on there loans are required to pay private mortgage insurance or mortgage protection insurance.


Can I Transfer a mortgage in foreclosure to another name?

No. You have no authority to transfer a mortgage unless you are the lender. The lender can assign its rights under the mortgage to another lender. If you are the owner of the property transferring the property to another will violate the terms of the mortgage and may incur added expense to the foreclosure costs.


Can you transfer a house that still has a mortgage to a trust?

You should be very careful about transferring property that is subject to a mortgage. Mortgage contracts contain a provision whereby the lender can demand payment in full upon any transfer in interest. Transferring your property to a trust would trigger that clause and the bank could demand that you pay off your mortgage immediately. You should consult with your attorney before making such a transfer.Generally banks do not approve mortgages for property owned by an individual trust. Also, when you transfer a property that has an outstanding mortgage the property remains subject to the mortgage.


Is it necessary to file a petition in probate court to obtain information concerning mortgage insurance benefits?

No. The only action necessary is to contact the financial institution that holds the mortgage.


What are the necessary documents needed to apply for a mortgage?

There are many necessary documents that are necessary for a person to apply for a home mortgage. One needs W-2's, Tax documents, paycheck stubs, and investment papers.


Can you remove your spouse's name from the property if separated?

No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.


In a divorce can one spouse quit claim the house to the other if both names are on the current mortgage?

NO. Simply transferring your interest to the other party will leave you still responsible for paying the mortgage. As part of the transaction you must require that the other owner refinance the property in their own name and pay off the existing mortgage. Your attorney should be able to explain this process to you and take care of the necessary paperwork. It should be made part of the divorce agreement.


How do you remove co-sign on mortgage?

By paying off that mortgage. If necessary the primary borrower would need to qualify to refinance in their own name alone.By paying off that mortgage. If necessary the primary borrower would need to qualify to refinance in their own name alone.By paying off that mortgage. If necessary the primary borrower would need to qualify to refinance in their own name alone.By paying off that mortgage. If necessary the primary borrower would need to qualify to refinance in their own name alone.


When would it be necessary for one to take out a second mortgage?

A second mortgage comes in two forms: home equity and lines of credit. It might be necessary to take out a second mortgage to pay for extensive repairs and remodeling or your home, of if you need a line of credit in a emergency.