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How do you transfer a deed of a house when the owner dies and there is no mortgage?
Wiki User
∙ 13y ago
The estate must be probated and the title to the real estate will pass according to the provisions of the will or according to the state laws of intestacy if there was no will. Any estate that holds real estate must be probated in order for title to the real estate to pass to the heirs at law. After the probate process is completed the heirs can keep or sell the property and divide the proceeds. The attorney who handles the estate can assist in drafting a new deed in the names of the heirs at the proper time in the probate process if they wish to keep the property. You should consult with an attorney who specializes in probate.
Wiki User
∙ 13y ago
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Do you have ownership rights to the house if you are listed on the deed but not on the mortgage?
Yes, but if your name was added to a deed after the owner granted the mortgage your interest is subject to the mortgage. If the mortgage isn't paid the lender will take possession by foreclosure and your interest will be wiped out.If the mortgage is paid and the house is sold you will receive half of the proceeds at the time of sale.
Does adding your name to a deed make you liable for payment?
It sounds as though the property is already subject to a mortgage. If that is the case you need to consult with an attorney before "adding" your name to the deed. Although that won't make you responsible for mortgage payments if may trigger an unpleasant situation.Mortgages have a due on transfer clause whereby if there is a transfer of ownership, the lender can demand immediate payment of the outstanding mortgage, in full. If the owner wanted to "add" you to the deed they would need to execute a deed transferring an interest in the property to you. That may trigger the due on transfer clause in the mortgage. You need expert advice before you proceed.It sounds as though the property is already subject to a mortgage. If that is the case you need to consult with an attorney before "adding" your name to the deed. Although that won't make you responsible for mortgage payments if may trigger an unpleasant situation.Mortgages have a due on transfer clause whereby if there is a transfer of ownership, the lender can demand immediate payment of the outstanding mortgage, in full. If the owner wanted to "add" you to the deed they would need to execute a deed transferring an interest in the property to you. That may trigger the due on transfer clause in the mortgage. You need expert advice before you proceed.It sounds as though the property is already subject to a mortgage. If that is the case you need to consult with an attorney before "adding" your name to the deed. Although that won't make you responsible for mortgage payments if may trigger an unpleasant situation.Mortgages have a due on transfer clause whereby if there is a transfer of ownership, the lender can demand immediate payment of the outstanding mortgage, in full. If the owner wanted to "add" you to the deed they would need to execute a deed transferring an interest in the property to you. That may trigger the due on transfer clause in the mortgage. You need expert advice before you proceed.It sounds as though the property is already subject to a mortgage. If that is the case you need to consult with an attorney before "adding" your name to the deed. Although that won't make you responsible for mortgage payments if may trigger an unpleasant situation.Mortgages have a due on transfer clause whereby if there is a transfer of ownership, the lender can demand immediate payment of the outstanding mortgage, in full. If the owner wanted to "add" you to the deed they would need to execute a deed transferring an interest in the property to you. That may trigger the due on transfer clause in the mortgage. You need expert advice before you proceed.
Are you a homeowner if you pay mortgage?
You are, but your mortgage company is on the deed and is also considered an owner of your home.
Can the mortgage company take your house without the deed?
By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.
What happens to the mortgage on a house if the house is deeded to a new owner?
The property cannot be conveyed without the permission of the mortgage holder, who will most likely insist that the mortgage be paid off first. In other words, this is kind of a non-question, since it describes a situation that can't legally happen.If the mortgage holder dies, the house becomes part of the estate, and the heirs would have to work it out with the mortgage company.AnswerIf the owner executes a deed the property would transfer subject to the mortgage. Transferring the property cannot defeat the mortgagees interest in the property. Also, mortgages contain a due on transfer clause. That means if the property is transferred the lender will require payment in full of the mortgage.
How do you get the deed to a house if the owner has died and the mortgage is paid?
The deed belongs to the estate and the estate can transfer the property in accordance with the will or the laws of intestacy.
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.
Can 1 person sell a home if 2 people are on mortgage but 1 signed over the deed?
The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.
If you are not on the mortgage can you be on the deed so in case of death of owner the house become yours?
tony
Can a co owner remove the other co owner from the title but not from the deed of trust?
No. A co owner cannot "remove" the other co owner from the title. If you want their interest they must transfer it to you voluntarily by executing a deed. However, that is not good idea if they are on the mortgage because they will remain responsible for paying the mortgage.
Do you have ownership rights to the house if you are listed on the deed but not on the mortgage?
Yes, but if your name was added to a deed after the owner granted the mortgage your interest is subject to the mortgage. If the mortgage isn't paid the lender will take possession by foreclosure and your interest will be wiped out.If the mortgage is paid and the house is sold you will receive half of the proceeds at the time of sale.
Your brother owns a house in Colorado is not married and wants to transfer it to you via quitclaim deed. Can this be done?
If your brother is the sole owner and there is no outstanding mortgage then he has the right to transfer the property to you by a quitclaim deed. However, if there is an outstanding mortgage the lender can demand payment in full if the property is transferred. If the transfer is done to avoid creditors then the court can invalidate the deed.You should consult with an attorney who can check the title for any outstanding claims and encumbrances and then draft a deed that is proper for that jurisdiction.
Does adding your name to a deed make you liable for payment?
It sounds as though the property is already subject to a mortgage. If that is the case you need to consult with an attorney before "adding" your name to the deed. Although that won't make you responsible for mortgage payments if may trigger an unpleasant situation.Mortgages have a due on transfer clause whereby if there is a transfer of ownership, the lender can demand immediate payment of the outstanding mortgage, in full. If the owner wanted to "add" you to the deed they would need to execute a deed transferring an interest in the property to you. That may trigger the due on transfer clause in the mortgage. You need expert advice before you proceed.It sounds as though the property is already subject to a mortgage. If that is the case you need to consult with an attorney before "adding" your name to the deed. Although that won't make you responsible for mortgage payments if may trigger an unpleasant situation.Mortgages have a due on transfer clause whereby if there is a transfer of ownership, the lender can demand immediate payment of the outstanding mortgage, in full. If the owner wanted to "add" you to the deed they would need to execute a deed transferring an interest in the property to you. That may trigger the due on transfer clause in the mortgage. You need expert advice before you proceed.It sounds as though the property is already subject to a mortgage. If that is the case you need to consult with an attorney before "adding" your name to the deed. Although that won't make you responsible for mortgage payments if may trigger an unpleasant situation.Mortgages have a due on transfer clause whereby if there is a transfer of ownership, the lender can demand immediate payment of the outstanding mortgage, in full. If the owner wanted to "add" you to the deed they would need to execute a deed transferring an interest in the property to you. That may trigger the due on transfer clause in the mortgage. You need expert advice before you proceed.It sounds as though the property is already subject to a mortgage. If that is the case you need to consult with an attorney before "adding" your name to the deed. Although that won't make you responsible for mortgage payments if may trigger an unpleasant situation.Mortgages have a due on transfer clause whereby if there is a transfer of ownership, the lender can demand immediate payment of the outstanding mortgage, in full. If the owner wanted to "add" you to the deed they would need to execute a deed transferring an interest in the property to you. That may trigger the due on transfer clause in the mortgage. You need expert advice before you proceed.
Can supplementary deed supersede trust deed?
The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.
Your parents died and left you property your name is on the deed but not on the mortgage is that a problem?
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.
Is a quitclaim deed the same as a mortgage deed?
No. A quitclaim deed transfers the property to a new owner permanently. A mortgage deed is a conditional deed that transfers title to the bank only until the mortgage is paid and then the bank must release its interest.
Do you lose your interest in a inherited house if you sign off on the deed?
Yes. That is the purpose of a deed: to transfer your interest in real property to a new owner.
