Posted on: 12th Apr, 2010 04:56 pm
joint tenants with right of surviorship. she then passed away. the home has a reverse mortgage on it. i filed the quit claim deed, have been living in the house and was taking care of her all along before she passed. paid the taxes, have been caring for the home, the pool etc. and working towards the refinancing and i am a couple of weeks away from closing and now i found out that the reverse mortgage company says i do not have the authority to get the house refinanced and that i have to go before the judge to get the authority. i think i need a warranty deed? if so, can i get one? or what do i need?
Hi roseunit!
Welcome to forums!
It is quite surprising that the reverse mortgage company says that you do not have the authority to refinance the home. You're your mother's heir and most importantly, you own the property as joint tenants with right to survivorship. As your mother is deceased, you would be considered as the sole owner of the property. You can file an affidavit of heirship and get the property solely transferred in your name. I guess, then you would be able to get a refinance.
Welcome to forums!
It is quite surprising that the reverse mortgage company says that you do not have the authority to refinance the home. You're your mother's heir and most importantly, you own the property as joint tenants with right to survivorship. As your mother is deceased, you would be considered as the sole owner of the property. You can file an affidavit of heirship and get the property solely transferred in your name. I guess, then you would be able to get a refinance.
If my mother added my brother on her deed as he helped her pay her taxes one year and then she passes away is the entire property his? do I have any rights as her surviving daughter?
Welcome Treesa,
Your brother is not the owner of the entire property. You can claim ownership of your mother's share of the property as her surviving daughter and file an affidavit of heirship at the county recorder's office in this regard.
Your brother is not the owner of the entire property. You can claim ownership of your mother's share of the property as her surviving daughter and file an affidavit of heirship at the county recorder's office in this regard.