What do you do when a person dies owing a mortgage and he conveyed the property before he died to someone who is not on the mortgage?

Can a mortgage be omitted from probate if the property was deeded to someone else before death?

No, the mortgage is a debt of the estate. That mortgage must be resolved before the property can be transferred.

Do deeds super cede wills?

If a person who owns property conveys it by deed before their death and they bequeathed the same property to someone else in their will, the deed prevails. If the property was already conveyed to someone else the property was not part of the estate assets when the testator died.

Your husband owned a house in North Carolina before you were married But after you married he refinaced it the deed is in your name but the loan is not Do you have a legal right to the house?

If your husband refinanced his home and then conveyed it to you then you are the owner of the property subject to the mortgage. If the mortgage isn't paid the bank can take possession of the property. If your name is on the deed as the grantee then you have a right to the use and possession of the property until you convey your interest to someone else by a quitclaim deed. If your name is on the deed WITH your husband then you own a half interest and have the right to the use and possession of the whole property.

Can someone purchase a home and then deed it to you?

Yes, if they pay cash. However, if they borrow money to purchase the property and have a mortgage, they cannot transfer their interest unless they notify the bank. The bank will likely demand the mortgage be paid before the property is transferred.Yes, if they pay cash. However, if they borrow money to purchase the property and have a mortgage, they cannot transfer their interest unless they notify the bank. The bank will likely demand the mortgage be paid before the property is transferred.Yes, if they pay cash. However, if they borrow money to purchase the property and have a mortgage, they cannot transfer their interest unless they notify the bank. The bank will likely demand the mortgage be paid before the property is transferred.Yes, if they pay cash. However, if they borrow money to purchase the property and have a mortgage, they cannot transfer their interest unless they notify the bank. The bank will likely demand the mortgage be paid before the property is transferred.

What does it mean when you say that there is a lean on your property?

A lien is placed on property when the owner owes money to someone, and the someone wants to ensure that it will be paid back. Liens are only available to secure some kinds of debts. If a person takes out a mortgage, the bank will place a mortgage lien on the property. This means that when the person sells the property, the mortgage must get paid before the person can receive any proceeds from the sale. If the person pays off their mortgage while they still own the property, the lien will be removed. In other cases, liens are placed due to judgments and certain kinds of bad debts.

What is the spousal rights to property that was quit claim deeded to a relative before death?

If a husband conveyed his individually owned property to his brother before he died, his widow has no rights in that property unless she lives in a community property state. In that case she should consult with an attorney.

Can property said to be given prior to death but not documented be kept from probate?

Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.

Can a second mortgage company buy the first mortgage and foreclose?

Yes, a financial company can purchase the lien on your mortgage and then foreclose on your property if you have not made sufficient payments.The second mortgagee can also foreclose on the second mortgage and take possession of the property subject to the first mortgage. In that case, the lender would have to pay off the first mortgage before it could keep any proceeds from a sale of the property..

What will happen to mortgaged property placed in trust?

The property will transfer subject to the mortgage. If the mortgage isn't paid the bank will take possession of the property by foreclosure. However, please note that most mortgage documents contain a 'balance due on transfer clause". That means if the title to the property is transferred the bank can demand full payment of the mortgage. You should consult with your bank before making this transfer.

In the game of monopoly can you mortgage property when you have houses on other properties you own.Or do you have to sell back houses and hotels to the bank before you can mortgage any property?

no you just keep the houses and mortage your property its in the offical rules of monoply menual

Can a judgment lien be placed on a property mortgaged by USDA-Rd?

A lien can be placed on any property, regardless of who holds the mortgage. In most cases the mortgage holder will be paid before a secondary lien holder.

Can you transfer a house that still has a mortgage to a trust?

You should be very careful about transferring property that is subject to a mortgage. Mortgage contracts contain a provision whereby the lender can demand payment in full upon any transfer in interest. Transferring your property to a trust would trigger that clause and the bank could demand that you pay off your mortgage immediately. You should consult with your attorney before making such a transfer.Generally banks do not approve mortgages for property owned by an individual trust. Also, when you transfer a property that has an outstanding mortgage the property remains subject to the mortgage.