Posted on: 01st Aug, 2009 02:58 pm
im not on the deed or title. if my husband passes and there is still a debt on the mortgage. say i pay it off 100%. can i go to the bank and get the house in my name. deed and title?
hi robin,
welcome to the forum.
in case of death, you need to submit death certifcate along with certificate of heirship so that property can be transferred to your name.
after that you inform to lender & have 2 options. first as mentioned by you is paying the balance amount. secondly you can refinance nortgage in your name.
welcome to the forum.
in case of death, you need to submit death certifcate along with certificate of heirship so that property can be transferred to your name.
after that you inform to lender & have 2 options. first as mentioned by you is paying the balance amount. secondly you can refinance nortgage in your name.
Hi robinjulien,
You can get the title in your name after your husband's death by filing an affidavit of heirship. If he leaves the property in your name in a will, the property will have to be probated. If there is no will, you need to file affidavit of heirship. The property will then be divided as per the laws of intestacy.
As far as the mortgage is concerned, you can continue paying off the debt on time. If you want to put the mortgage in your name, you need to qualify for a refinance.
You can get the title in your name after your husband's death by filing an affidavit of heirship. If he leaves the property in your name in a will, the property will have to be probated. If there is no will, you need to file affidavit of heirship. The property will then be divided as per the laws of intestacy.
As far as the mortgage is concerned, you can continue paying off the debt on time. If you want to put the mortgage in your name, you need to qualify for a refinance.