Posted on: 08th Nov, 2010 12:23 am
Hi, I have recently inherited my mother's house with a mortgage, I am also the executor.
Need advise of who I should go to first to make the changes on the house to my name. The Bank, title company or county records?
Federal Law 1701j–3. Preemption of due-on-sale prohibitions states the following Exemptions of specified transfers or dispositions:
(5) a transfer to a relative resulting from the death of a borrower;
(6) a transfer where the spouse or children of the borrower become an owner of the property.
Is this enough armour to approach the bank with her death certificate? I would like to also rent the house as I live in another state. I have already begun keeping the mortgage current but it is still in her name.
Thank you for your help.
Sincerely
Need advise of who I should go to first to make the changes on the house to my name. The Bank, title company or county records?
Federal Law 1701j–3. Preemption of due-on-sale prohibitions states the following Exemptions of specified transfers or dispositions:
(5) a transfer to a relative resulting from the death of a borrower;
(6) a transfer where the spouse or children of the borrower become an owner of the property.
Is this enough armour to approach the bank with her death certificate? I would like to also rent the house as I live in another state. I have already begun keeping the mortgage current but it is still in her name.
Thank you for your help.
Sincerely
Hi alley!
Welcome to forums!
If you have a will to your mother's property, then you will have to probate the will to get the property transferred in your name. If there is no will, then you'll have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If you have a will to your mother's property, then you will have to probate the will to get the property transferred in your name. If there is no will, then you'll have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name.
Feel free to ask if you've further queries.
Sussane