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Mother has died and left her house to the son and daughter. No mortgage. What do we need to do now to change the deeds?
Wiki User
∙ 14y ago
Mother's estate must be probated in order for title to the property to pass legally to her heirs. Once the estate has been probated title is in the heirs a deed is not necessary to prove ownership because probate records are part of the public record regarding land ownership.
Many people choose to have a new deed drafted and the requirements vary from state to state. Some states require the use of a straw. You should ask the attorney who is handling the estate to advise you about executing the necessary deeds to get the property into your names in the land records.
Wiki User
∙ 14y ago
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How could we change the deed from my parents name to the childrens name. They still have a mortgage on the home. what California deed would we use.?
If there is still a mortgage on the home then the deeds will be with the mortgage provider and they will not allow you to change the deeds without paying off the mortgage first.
If your mother is on the mortgage loan can you refinance the home in your name if you are on the deeds?
If you will still be an owner then you will also have to sign the mortgage.
Unmarried couple both names on deeds only one pays the mortgage?
Unmarrie couple both name on deeds the mortgage is on his name
You own a mortgage on a property and as a mother you want your daughter to possess it after your death but you have a husband whose name is not onthe deeds can you add your daughters name onthe deeds?
You can have an attorney draft a deed that will convey your property to yourself and your daughter as joint tenants with the right of survivorship. If you died the full ownership of the property would automatically pass to her with no need of probate. She would be responsible for paying any mortgage on the property. If you live in a community property state that may not be so easy. You should consult with an attorney who can review your situation and explain your options under your state laws. You should do this ASAP.
What is a puisne mortgage?
A legal mortgage of unregistered land in which the mortgagee does not keep the title deeds of the land as security.
How do you change the deeds of the house to your mother's name if your dad never made a will?
It is not a wise decision to put your name on your mother's property due to tax reasons. However, it can be done, when a name is added to the deed of the property, it needs to go through the bank who holds the mortgage and the court.
Where do you pay discharge of mortgage fee?
If the mortgage has been paid and you receive a discharge from the mortgage holder, it must be recorded in the place where deeds are recorded and the filing fee paid there.
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.
If a mother deeds a property to her son is it now legally his house can she take it back?
If mother conveyed property to her son by a valid deed then he is the new owner. She cannot nullify a deed once she has signed it and it has been recorded in the land records.If son granted mother a mortgage in the property and she reserved the right to foreclose in that mortgage document she can take the property back by foreclosure if he defaults on the mortgage.
If partner moves out and refuses to pay mortgage can you change locks?
Only if their name is not on the property deeds, if it is then it is legally half theirs also and you can not lock them out. Only the sheriff can lock you both out by the bank
What does redeem your house mean?
If you are purchasing your house with a loan or mortgage then you do not actually own it, the title deeds are in the name of and held by the person or organization lending you the money. You can redeem your house by paying off this mortgage and thus gaining ownership of the deeds of title to the house.
When your mortgage is paid off is it best to let the building society store your deeds for you?
Often, you are better to leave your mortgage running with say £1 in it as the building society will probably give you a reduction in house insurance with a mortgage. There is no reason why you should need to store the deeds at the building society unless you are looking to sell the house soon with them.
