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If your mom died leaving a mortgage how can you transfer the mortgage over into your name?
Wiki User
∙ 19y ago
I am so sorry your mother passed away. If you are executor (male) executrix (female) or heir in the Will, then it will go into Probate. Probate makes sure all debts are paid for before the heirs (such as yourself) receives the balance of the Estate. You must contact a lawyer to do this and they will be sure that all debts, mortgages, etc., are paid off and the Probate is finalized. If the mortgage is more than the monies left in your mother's Estate you still have to go through Probate so all bills are paid off, get the total amount your mother owes (hopefully you will get some money) but should her debts be more than what your mother had left in total, then you will have to go to the banking institution after Probate and take a mortgage out on that property. Be sure you have been left in the Will. If your mother has divided the Will between siblings or any other persons then I am afraid you will have to discuss the fact you want to buy the house. EXAMPLE: If the house was bought at $200,000 and your mother has a mortgage left of $60,000, and she owes taxes and other debts then unless she has other stocks/bonds/savings accounts, etc., to pay these bills off, the house will have to be sold to pay off these debts. This is when you could go into your banking insitution and ask to take over the mortgage on the house (providing the other heirs are in agreement) which I am sure they will be. Good luck Marcy
Wiki User
∙ 19y ago
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One spouse is on the mortgage and wants to claim bankruptcy. The other spouse's name is on the deed. What happens when the first files for bankruptcy?
It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.
How can you get your name off a mortgage loan?
Generally, to remove one person from a mortgage that person must transfer their interest to the other and then the remaining sole owner must refinance the property in their sole name. The existing mortgage must be paid off.
Do you own the property that your name is on the deed but not the loan?
If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.
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.
If your name is not on mortgage application can it be put on deeds?
No. All the owners by deed must sign the mortgage. A lender will require all owners to sign the mortgage in case there is a default and the lender takes possession of the property. If all owners didn't transfer their interest to the lender the lender cannot foreclose of the property. If the deed and mortgage are both done at the same time, all the owners by deed must sign the mortgage. A lender will require all owners to sign the mortgage in case there is a default and the lender takes possession of the property. If all owners didn't transfer their interest to the lender the lender cannot foreclose of the property.Also take note that if a parent grants a mortgage to a bank there is a due on transfer clause in the mortgage. That means if there is a transfer of ownership the bank can call in the full amount of the loan. Therefore if the parent transfers the property to their children after they have mortgaged the property, the bank can demand payment of the mortgage in full.You should seek legal advice before you act.
How can you transfer an existing mortgage out of your own name and into the name of an LLC?
You cannot transfer a mortgage since the mortgage is owned by the bank. The bank is unlikely to remove the obligation from you to an LLC. You would need to pay off the existing mortgage, transfer the property to the LLC, and then refinance under the LLC . . . if the bank will allow the transfer of title and new mortgage.
How can you transfer your mortgage to your mother who has less than perfect credit if both of your names are already on the deed?
You can't transfer the mortgage, but you can remortgage in her name only.
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.
One spouse is on the mortgage and wants to claim bankruptcy. The other spouse's name is on the deed. What happens when the first files for bankruptcy?
It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.
How can you get your name off a mortgage loan?
Generally, to remove one person from a mortgage that person must transfer their interest to the other and then the remaining sole owner must refinance the property in their sole name. The existing mortgage must be paid off.
Does a quick claim deed take your name off the mortgage?
No. If you signed a mortgage while you owned the property then you are responsible for that mortgage until it is paid off. If you agree to transfer your interest to a co-owner you should make an agreement that the mortgage must be refinanced in the new owner's name alone. You should consult with an attorney to protect your legal interests.No. If you signed a mortgage while you owned the property then you are responsible for that mortgage until it is paid off. If you agree to transfer your interest to a co-owner you should make an agreement that the mortgage must be refinanced in the new owner's name alone. You should consult with an attorney to protect your legal interests.No. If you signed a mortgage while you owned the property then you are responsible for that mortgage until it is paid off. If you agree to transfer your interest to a co-owner you should make an agreement that the mortgage must be refinanced in the new owner's name alone. You should consult with an attorney to protect your legal interests.No. If you signed a mortgage while you owned the property then you are responsible for that mortgage until it is paid off. If you agree to transfer your interest to a co-owner you should make an agreement that the mortgage must be refinanced in the new owner's name alone. You should consult with an attorney to protect your legal interests.
Do you own the property that your name is on the deed but not the loan?
If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.
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.
Is it legal to transfer a new mortgage into someone else's name?
There is a lot of legal mumbo-jumbo surrounding mortgages - but if the intent was to conceal the actual applicant's identity or to commit fraud, the answer is, no. You can't transfer a mortgage tpso someone else without the mortgagor's approval anyway.
Does the homeowners insurance have to be in the name of the person on the mortgage if they died?
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.
Will the mortgage company require refinancing with a quitclaim deed transfer?
If you want to take your name off the property and mortgage, yes. Also, most modern mortgage documents contain a "due on transfer" clause. If you execute a quitclaim deed the bank can demand full payment of the debt immediately. You should speak with a bank representative to discuss the changes you want to make.
If your name is not on mortgage application can it be put on deeds?
No. All the owners by deed must sign the mortgage. A lender will require all owners to sign the mortgage in case there is a default and the lender takes possession of the property. If all owners didn't transfer their interest to the lender the lender cannot foreclose of the property. If the deed and mortgage are both done at the same time, all the owners by deed must sign the mortgage. A lender will require all owners to sign the mortgage in case there is a default and the lender takes possession of the property. If all owners didn't transfer their interest to the lender the lender cannot foreclose of the property.Also take note that if a parent grants a mortgage to a bank there is a due on transfer clause in the mortgage. That means if there is a transfer of ownership the bank can call in the full amount of the loan. Therefore if the parent transfers the property to their children after they have mortgaged the property, the bank can demand payment of the mortgage in full.You should seek legal advice before you act.
