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**See This Page With Full Graphics, Pictures and Color!** CLICK HERE --> : Some real estate legal questions.


Weldhelmet
11-12-2005, 07:14 PM
Howdie all, it has been quite a while since I've posted, lots of things going on in real life. I know there are a few legal eagles roosting round these parts and was hoping I could get some questions answered before I jump out and grab a lawyer to assist me in the issue that I shall now describe.

A few months ago my Mother passed away quite suddenly. She had reciently re-financed her home. The house has now passed to me due to an "Affidavit as to Succession Under a Transfer on Death Deed".

Another point of intrest is that there is no estate. There will be no probate proceedings.

My questions are as follows.

Due to the fact the equity that was used to base the loan upon was approved for my mother, does the bank have any recourse in attempting to collect the remainder of the moneys lent now that the house is no longer in her name?

I have made numerous inquiries with the bank itself to try to discover what brokerage firm initiated the loan process. I would like to now if my mother had insurance on the morgage (it does sound like something she would have done). But the banks have been less than cooperative. They have refused to give me any information regarding the loan or brokerage firm used to secure said loan because I do not hold a power of attourney to speak for my deceased mother.

Thanks in advance all, Keep on keepin on!

stokedaspossibl
11-12-2005, 07:48 PM
from what i understand once the deed has been transfered in a situation like that, it is the responsibility of the lender to pay the remaining balance.
I haven't seen it go any other way before. then again, there are a lot of things that i don't know about her loan and the laws in your state.
if they did try to collect money from you (for her mortgage), they could not change the rate based on your information (unless you wanted to).
i tried :0(

d0uche_n0zzle
11-12-2005, 07:49 PM
Contact a good local Real Estate lawyer, no such thing as free legal advice.

sued
11-12-2005, 07:52 PM
Sorry to hear about your mom. I am not an attorney and am not absolutely sure about this but I think the bank would put a lean against the house for the money. So when you go to sell the house the potential buyer would do a title search and discover that "X" money is owed against the house. That amount would have to be repaid before the sale money would be yours.

To figure out if there was mortgage insurance take the monthly payments on the loan plus the taxes and figure your monthly payment. If it is less than the payments your mom made then the diff was possibly mortgage insurance. It often be built into the monthly payment.

Simply wait and check your mother's monthly mail and see what bills come in. You will find out what bank gave her the loan that way. Or better yet go to court and be made the Executor of her estate. Then the bank and every one else will have to give you answers.

Sinn Fein
11-12-2005, 08:37 PM
Contact a good local Real Estate lawyer, no such thing as free legal advice.

Exactly. With something like this, there is no other way to go.

Paper Boy
11-12-2005, 09:55 PM
you owe the bank the money. you'll have to pay them or they will take the house

FreeTheCricket
11-13-2005, 12:38 AM
My father is a lawyer in Chardon. He deals with real estate law sometimes. PM me if you want to know his info.

Bill
11-13-2005, 12:59 AM
The bank has a lien on the property. As the owner of the property, you now owe the bank the outstanding balance of the loan. If your mother had mortgage insurance, the bank wouldn't necessarily know about it. There are two types of mortgage insurance (maybe more). The first is known as Private Mortgage Insurance (PMI). This is insurance that the homeowner purchases for the bank. It is usually required when the homeowner equity is less than 20% of the property value. This protects the bank in the case that the homeowner defaults on the loan. The bank would know about this type of insurance.

The second type of mortgage insurance is really just a life insurance policy, where the payout is the remaining value of the mortgage. There is no reason that the bank would know about this type of insurance.

Glenn Dandy
11-13-2005, 06:48 PM
Should ask a lawyer, I know if it fell to a sherrif sale any liens would be wiped except MUA and Fedral taxes. And fed taxes are wiped if the government doesnt contact you in 90 days. MUA your always stuck with.

As far as a mortgage, hmmm, I would venture to say you will assume the debt as part of the homes past, in the form of some kind of lien. Ill ask my dad tomorrow. He knows alot more about this stuff.