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If the three owned the property as joint tenants with the right of survivorship the decedent's interest passed automatically to the two surviving co-owners. A copy of the death certificate should be recorded in the land records to clear the record title.

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Q: Does ownership revert to two surviving partners when one of three partners dies and they have a mortgage on their property?
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Does a spouse have to sign the mortgage in a non community state?

Yes, if the spouse has an ownership interest in the property.Yes, if the spouse has an ownership interest in the property.Yes, if the spouse has an ownership interest in the property.Yes, if the spouse has an ownership interest in the property.


Can a house be considered community property, if there is only one Name on the mortgage?

If you are married in a community property state, then yes, it is a community property. The mortgage is irrelevant - it is whose name on the deed that determines ownership.


How do I find property ownership?

The local court house will have the land and ownership files. You should be able to get the information there. If you need to verify property ownership quickly you can simply use a online database to pull property owner records and mortgage data


How do you get the PMI company to pay off the mortgage after the death of one of the borrowers?

Unless you had mortgage insurance, the surviving borrower is responsible for paying the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure.


How does cosigning for a mortgage differ from a joint mortgage?

A joint mortgage is executed by two people who own real estate. Each is responsible for paying the mortgage in full.A co-signer has no ownership interest in the property but they have agreed to pay off the mortgage if the primary borrower fails to pay. In other words, they agree to pay the mortgage for property they don't own.

Related questions

Does the Deed holder on a home have full ownership even if their name is not on the mortgage?

The grantee in the deed is the owner of the property. A person who does not own the property can agree to sign the mortgage and be responsible for paying for the property. That does not give them an ownership interest.The grantee in the deed is the owner of the property. A person who does not own the property can agree to sign the mortgage and be responsible for paying for the property. That does not give them an ownership interest.The grantee in the deed is the owner of the property. A person who does not own the property can agree to sign the mortgage and be responsible for paying for the property. That does not give them an ownership interest.The grantee in the deed is the owner of the property. A person who does not own the property can agree to sign the mortgage and be responsible for paying for the property. That does not give them an ownership interest.


Does a mortgage property also have a deed?

Yes. In order to be able to grant a mortgage the mortgagor must be the owner of the property. Ownership of real property is evidenced by a deed or a Certificate of Title.Yes. In order to be able to grant a mortgage the mortgagor must be the owner of the property. Ownership of real property is evidenced by a deed or a Certificate of Title.Yes. In order to be able to grant a mortgage the mortgagor must be the owner of the property. Ownership of real property is evidenced by a deed or a Certificate of Title.Yes. In order to be able to grant a mortgage the mortgagor must be the owner of the property. Ownership of real property is evidenced by a deed or a Certificate of Title.


Does a quit deed relieve you of financial responsibility on a mortgage?

No, a quit claim deed only changes ownership of the property. The property will still remain collateral for the mortgage loan. The actual ownership of the property does not change the terms of the mortgage loan and the promise the signatories (you) made to the bank.


Does the bank need to know about a quit claim deed?

Yes. If the bank has a mortgage on the property there is a due on tranfer clause in the mortgage that the property owner signed That means the bank must be notified of any transfer of ownership and it can demand payment in full of the mortgage if any transfer is made. A quitclaim deed would be a transfer of ownership.


Does a spouse have to sign the mortgage in a non community state?

Yes, if the spouse has an ownership interest in the property.Yes, if the spouse has an ownership interest in the property.Yes, if the spouse has an ownership interest in the property.Yes, if the spouse has an ownership interest in the property.


Can a house be considered community property, if there is only one Name on the mortgage?

If you are married in a community property state, then yes, it is a community property. The mortgage is irrelevant - it is whose name on the deed that determines ownership.


How do I get a mortgage if I paid for the property in cash?

All you need to do is go to a mortgage lender (broker/bank/etc) and apply for a mortgage. It does not matter that there is not a current mortgage on the property. The ownership of the home will be listed on the title, and a Deed will have been recorded to show transfer of ownership. If you qualify for a mortgage, the lender will work with you from there! The best person to contact with regards to getting a mortgage will be an independent whole of market mortgage advisor - they will be able to get you a mortgage which will suit your needs.


How do I find property ownership?

The local court house will have the land and ownership files. You should be able to get the information there. If you need to verify property ownership quickly you can simply use a online database to pull property owner records and mortgage data


Why are both spouses required to be on the property deed but not on the refinanced mortgage loan and who would be responsible upon the death of one spouse?

The deed to property and the wording of the deed establishes ownership. If a married couple does not reside in a community property state it is very important that both spouses be on the deed with the correct ownership status noted. In a case of death where only one spouse is listed on the financial agreement but both are named on the deed the probate laws apply. If the surviving spouse wishes to retain the property and he or she is not a co-buyer they will most likely be required to reaffirm the mortgage with the lender if the mortgage was not protected by insurance.


Is there a penalty to pay if you sale your home after a loan modification?

If you transfer the ownership of the property the lender has the right to demand immediate payment in full of the mortgage and it will. That is one of the provisions included in the mortgage contract that you signed. It is called a due on transfer clause. A sale of the property will constitute a breach of the agreement.If you transfer the ownership of the property the lender has the right to demand immediate payment in full of the mortgage and it will. That is one of the provisions included in the mortgage contract that you signed. It is called a due on transfer clause. A sale of the property will constitute a breach of the agreement.If you transfer the ownership of the property the lender has the right to demand immediate payment in full of the mortgage and it will. That is one of the provisions included in the mortgage contract that you signed. It is called a due on transfer clause. A sale of the property will constitute a breach of the agreement.If you transfer the ownership of the property the lender has the right to demand immediate payment in full of the mortgage and it will. That is one of the provisions included in the mortgage contract that you signed. It is called a due on transfer clause. A sale of the property will constitute a breach of the agreement.


Who is responsible for deceased fiances debt when owing a house together?

Since the couple were not married the surviving person is only responsible for joint debts only. The status of the home ownership depends upon how the property is titled and the terms of the mortgage agreement.


Am sole legal owner of property but have joint mortgage with x upon your property who owns the property?

The grantee on the deed is the owner of the property. Co-signing a mortgage when you don't own the property does not give you any right of ownership. You are simply a volunteer who has agreed to pay the loan if the primary borrower defaults.The grantee on the deed is the owner of the property. Co-signing a mortgage when you don't own the property does not give you any right of ownership. You are simply a volunteer who has agreed to pay the loan if the primary borrower defaults.The grantee on the deed is the owner of the property. Co-signing a mortgage when you don't own the property does not give you any right of ownership. You are simply a volunteer who has agreed to pay the loan if the primary borrower defaults.The grantee on the deed is the owner of the property. Co-signing a mortgage when you don't own the property does not give you any right of ownership. You are simply a volunteer who has agreed to pay the loan if the primary borrower defaults.