The deed belongs to the estate and the estate can transfer the property in accordance with the will or the laws of intestacy.
It is not a problem, but the mortgage will still have to be paid by the surviving co-owner even if that co-owner did not borrow or get any of the money from the mortgage, because it is a lien on the house.
The deed is returned to the property owner after it has been recorded in the land records.If you can't find the originals you can obtain a copy at the land records office.The mortgage document is returned to the lender.In a lien theory state, if you executed a deed of trust(form of mortgage) your property will be reconveyed to you once the loan has been paid off.
You need to review the terms of the trust. If your name is on a deed of trust then you must be the trustee. You need to review the terms of the trust to determine the status of the property now that the trustor has died. You should consult with an attorney who can review the land records to determine the status of the title. If the title is not clear you cannot sell or mortgage the property.
This is where having an estate would be a big help. The estate essentially represents your husband. Yes, you are going to be able to sell the house, subject to the mortgage, of course. Whether you have to use the estate or not to do so, the bank will tell you. Consult a probate attorney and they will help you out.
You do not need to change the deed. You should record a death certificate in the land records as a public notice that the joint owner has died and the title automatically passed to you.You do not need to change the deed. You should record a death certificate in the land records as a public notice that the joint owner has died and the title automatically passed to you.You do not need to change the deed. You should record a death certificate in the land records as a public notice that the joint owner has died and the title automatically passed to you.You do not need to change the deed. You should record a death certificate in the land records as a public notice that the joint owner has died and the title automatically passed to you.
In order to transfer the ownership of real estate the owner must sign a deed. If the owner has died then the court appointed fiduciary can execute a deed if they have the right to sell real estate in the will or get a license to sell real estate from the court. After the estate has been settled the heirs can execute a deed.
Consider first the ownership of this house. A mortgage means you signed an agreement to pay for the property. It does not mean you own the home. It just means you have to pay for it. A deed indicates ownership and if your name is on the deed, you are an owner. Otherwise the deeded owner is free to do what he wants to with his property. The only wrench in the works for your son is that he can not get clear title to his property until the mortgage is satisfied. You are not going to want to continue making payments on a place you do not own. This is a sort of "Catch 22" and might help you and your son come to some reasonable decisions regarding this property that are fair to you. If your name is on the deed, your son does not get to decide what you do with your property, even if it was willed to him by your spouse, as long as you are alive.
If the Homeowner has died you should notify the Insurance Company. Any policy issues can be handled by the estate executor. If you are an heir to a property in a jurisdiction that does not require transfer of deed until disposal you may purchase coverage as the owner. You should also contact The Mortgage Company. The deceased may have purchased credit life option on the mortgage finance note at the time of purchase. If So, the credit Life insurance may pay off any remaining balance on an existing mortgage note.
Typically spouses have a deed as tenants by the entirety. This means he inherits the house automatically when the wife dies. Filing a death certificate with the deed will clear the title.
The mortgage insurance you are referring to is most likely the standard mortgage insurance that is on a loan above 80% of the value of the house. This MI covers the lender in case of the borrower defaulting on the loan. It does nothing to help the borrower. If you are on the deed then you still own the house if your husband dies but if you cannot either refinance the mortgage or continue to pay the monthly payments then the lender will ultimately foreclose on the house and repossess it. What you need is a life insurance policy that will pay off the balance on the mortgage in case of the death of the mortgage holder.
Intestate means that the person died without having written a will.
You would be the sole owner if you had held title by a survivorship deed: joint tenants or tenants by the entirety.