Posted on: 22nd Jan, 2013 02:09 pm
Hello my father passed away last year and his only asset was our family home which he had a mortgage on.
I am running into a problem of a past debt of his. I have a lawyer working with me on this situation but am looking for other possible routes to make this transaction go smoothly.
A condo association filed a claim with the probate court from a condo he had owned and gotten foreclosed on over 10 years ago. The condo was foreclosed on, and my father felt he did not have to pay for the $20K bill from the condo association for a new roof on the unit since it was foreclosed on.
To make a long story short my father ignored this debt and it became a judgement, the judgment was renewed 2 years ago by the court (original judgement was in 2000.
The condo association is trying to force foreclosure on our family home and is claiming a debt over 40K with interest fees etc. I made a cash offer to settle the debt but they never responded and it has been 3 months since.
I have been making the mortgage payments and am current.
QUESTION: Would I be able to assume the current mortgage and take title to the home without having to go through probate?
Thank you for your help.
I am running into a problem of a past debt of his. I have a lawyer working with me on this situation but am looking for other possible routes to make this transaction go smoothly.
A condo association filed a claim with the probate court from a condo he had owned and gotten foreclosed on over 10 years ago. The condo was foreclosed on, and my father felt he did not have to pay for the $20K bill from the condo association for a new roof on the unit since it was foreclosed on.
To make a long story short my father ignored this debt and it became a judgement, the judgment was renewed 2 years ago by the court (original judgement was in 2000.
The condo association is trying to force foreclosure on our family home and is claiming a debt over 40K with interest fees etc. I made a cash offer to settle the debt but they never responded and it has been 3 months since.
I have been making the mortgage payments and am current.
QUESTION: Would I be able to assume the current mortgage and take title to the home without having to go through probate?
Thank you for your help.
hi hikid,
if your father didn't leave back any will, then you can file an affidavit of heirship at the county recorder's office and get the property transferred in your name. then you can refinance the mortgage. try negotiating with the condo association so that they agree to a settlement of that debt.
thanks
if your father didn't leave back any will, then you can file an affidavit of heirship at the county recorder's office and get the property transferred in your name. then you can refinance the mortgage. try negotiating with the condo association so that they agree to a settlement of that debt.
thanks
Welcome hikid,
Loan assumption is an option which you can take help of in order to get the mortgage transferred in your name. In order to get the property transferred in your name, you will have to file an affidavit of heirship.
Loan assumption is an option which you can take help of in order to get the mortgage transferred in your name. In order to get the property transferred in your name, you will have to file an affidavit of heirship.