Posted on: 19th Aug, 2012 09:15 pm
I'd like to ask the opposite of a question I just read on here... My mother and her late husband owned a home together. But, it has been discovered both of their names are on the mortgage, but somehow she is not on the deed. 1) How can this happen? 2) What are her rights? This is in the state of Indiana.
Hi sevcrawford,
It may be the case that she did not add her name to the property deed. If her name is not mentioned on the property docs, then she won't be considered as one of the owners of the property. However, she can file an affidavit of heirship and claim the property.
Thanks
It may be the case that she did not add her name to the property deed. If her name is not mentioned on the property docs, then she won't be considered as one of the owners of the property. However, she can file an affidavit of heirship and claim the property.
Thanks
Hi sevcrawford!
Welcome to forums!
Many a times such issues happens. May be at some point of time, your mother may have signed a quitclaim deed and removed her name from the property deed. As James has suggested, an affidavit of heirship filing at the county recorder's office will help your mother in getting the property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Many a times such issues happens. May be at some point of time, your mother may have signed a quitclaim deed and removed her name from the property deed. As James has suggested, an affidavit of heirship filing at the county recorder's office will help your mother in getting the property.
Feel free to ask if you've further queries.
Sussane
The question is:
Is your mother's name on the NOTE
Often a spouse signs the MORTGAGE simply to give up rights in the event of foreclosure. Lender's do this becaseu in many states the marital home is owned by both husband and wife even if one is not actually on the deed. In such a case, the name is on the MORTGAGE document, but not on the NOTE and therefore, not responsible for the mortgage payments.
If the spouses name is on the NOTE, then one of the above responses to your question may be applicable.
Is your mother's name on the NOTE
Often a spouse signs the MORTGAGE simply to give up rights in the event of foreclosure. Lender's do this becaseu in many states the marital home is owned by both husband and wife even if one is not actually on the deed. In such a case, the name is on the MORTGAGE document, but not on the NOTE and therefore, not responsible for the mortgage payments.
If the spouses name is on the NOTE, then one of the above responses to your question may be applicable.
