Posted on: 15th Jul, 2010 07:42 pm
My husband died without a will. Our mortgage baloon payment is due. Can I do a deed transfer or quit claim to allow me to be able to have a clear title so I can use it for collateral to purchase something else? There are grown children on both sides.
welcome cocacolanuttx,
your husband is deceased and has not left back a will. in that case, a quit claim deed will not help you in transferring the property in your name. you'll have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name. however, this won't give you a clear title to the property as the mortgage lender will still hold a lien on it. the lender will foreclose the property if he does not receive his dues on time.
your husband is deceased and has not left back a will. in that case, a quit claim deed will not help you in transferring the property in your name. you'll have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name. however, this won't give you a clear title to the property as the mortgage lender will still hold a lien on it. the lender will foreclose the property if he does not receive his dues on time.