Posted on: 31st Dec, 2010 09:36 am
i lived with my girlfriend for many years in a home owned by her. unfortunately she recently passed away. she left the home to me, but there is a problem with the title. many years ago (about 38 - 39) she and her ex-husband bought the house from her mother and were paying her a mortgage that was to last for 25 years (it was for approximately 30k). subsequently about 10 years later her mother died and my girlfriend, her sister and brother inherited the mortgage. she continued to pay her sister and brother 1/3rd each on the mortgage; this was recorded to the property records/title. she finished paying them off about 1997, but never got a mortgage release recorded to the title. problem here is that i don't know these people, she had a decent (but not close) relationship with her sister, but her brother really disliked her and he's of very low integrity or shall i say he's a total opportunist. i really know very little of these matters and i'm wondering how difficult getting this release could possibly be, being that at some point i need to refinance the property after it passes to me through probate. any ideas out there?
Biff, in all honesty, you're going to need to have that discussion with the two remaining siblings. I'd like to think that despite their personality quirks that it'd be a reasonably easy thing to say "oh yeah, she paid us off, so we'll be glad to sign a release."
If you find that not to be the case, it might behoove you to obtain legal counsel to obtain the release. That's pretty much a last gasp, I hope, as it'd be far, far better a thing for them to be cooperative, particularly in light of your loss.
If you find that not to be the case, it might behoove you to obtain legal counsel to obtain the release. That's pretty much a last gasp, I hope, as it'd be far, far better a thing for them to be cooperative, particularly in light of your loss.
Hi George,
Thanks for the response. I wish I could just ask them, but this family....oh man the stories I could tell. I already had to fight off a will challenge from her son...short story; he had no case, but being an "heir by law" I had to pay him off. These folks could less about my loss. When they find out I need something from them they will salivate. I'm hoping there is another avenue. As I said this was paid off approximately 14 years ago...and they haven't made a claim against the estate while it has been open in probate for a long time. There has to be (I hope!) another way to clear the title, because if there isn't the home is worthless if they can hold it hostage for a signature.
Thanks for the response. I wish I could just ask them, but this family....oh man the stories I could tell. I already had to fight off a will challenge from her son...short story; he had no case, but being an "heir by law" I had to pay him off. These folks could less about my loss. When they find out I need something from them they will salivate. I'm hoping there is another avenue. As I said this was paid off approximately 14 years ago...and they haven't made a claim against the estate while it has been open in probate for a long time. There has to be (I hope!) another way to clear the title, because if there isn't the home is worthless if they can hold it hostage for a signature.
Hi Biff!
Welcome to forums!
As George has suggested in his post, you should contact an attorney and take his opinion in this matter. Your attorney will be the best person to help you in this matter.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As George has suggested in his post, you should contact an attorney and take his opinion in this matter. Your attorney will be the best person to help you in this matter.
Feel free to ask if you've further queries.
Sussane
Thanks for the responses. I guess my question is; Can someone just refuse to give a release ultimately making the property worthless?
Welcome Biff,
If you've paid off the dues, then it is mandatory for the lender to give you a lien release certificate.
If you've paid off the dues, then it is mandatory for the lender to give you a lien release certificate.
While I don't disagree with Adonis' premise that providing a release is mandatory, the lack of one won't make the property worthless. I'm sure that there are friendly ways to obtain the needed release, and then there is court. You can always sue for what you need - after all this is a litigious society, and the courts are there just waiting for the complaints to come in so they can schedule hearings.
Retaining legal counsel doesn't mean you automatically go to court, of course. A good lawyer ought to be able to direct you in such a way that you can avoid the ugliness of a lawsuit.
Retaining legal counsel doesn't mean you automatically go to court, of course. A good lawyer ought to be able to direct you in such a way that you can avoid the ugliness of a lawsuit.
Biff, I'm sorry for your loss.
I'm with George. I'm also with you, but I'm with George on the 'court avoidance' part. Scummy people are hard to sue. I'd at least borrow the ear of an attorney. You might get your release just off of one letter.
At some point they need to value the estate and that debt is going to come up. By no means my expertise, but I don't know how they could value the estate before addressing this debt/non-debt on the real estate.
Good luck,
Chris
I'm with George. I'm also with you, but I'm with George on the 'court avoidance' part. Scummy people are hard to sue. I'd at least borrow the ear of an attorney. You might get your release just off of one letter.
At some point they need to value the estate and that debt is going to come up. By no means my expertise, but I don't know how they could value the estate before addressing this debt/non-debt on the real estate.
Good luck,
Chris
Dang! I was trying to figure out where you come from Chris when I noticed that accolade you've already received that reads "Best lender in Chicago." Looking more closely, I saw that in very tiny type it had the word(s) "MortgageFit."
Then, much to my surprise (there arose such a clatter), I discovered that I've acquired the sobriquet "Best lender in Bloomfield." Imagine my surprise!
Sam likes to make us all feel that we're special people on this site...but how did you make the list when all you've got to date is 28 measly posts? I suspect some folk will be jealous...not me 'cuz I'm not even a lender anymore.
Then, much to my surprise (there arose such a clatter), I discovered that I've acquired the sobriquet "Best lender in Bloomfield." Imagine my surprise!
Sam likes to make us all feel that we're special people on this site...but how did you make the list when all you've got to date is 28 measly posts? I suspect some folk will be jealous...not me 'cuz I'm not even a lender anymore.
George, for my poor ego, that badge is really important. Just let me be :)
I'm not trying to deflate your ego, Chris. I just never noticed these honors being bestowed before.