My grandmother passed recently and i have been living in the same home while paying only the utilites (water, electric, internet) as they are in my name. The mortgage has not been payed because it is in here name and i do not want to send money to pay for a home that is not mine. Is there a way to put my name on
My grandmother passed recently and i have been living in the same home while paying only the utilites (water, electric, internet) as they are in my name. The mortgage has not been payed because it is in here name and i do not want to send money to pay for a home that is not mine. Is there a way to put my name on mortgage before it is to late? Do i even have legal standing to do so without the presence of a will stating ownership for me? Are there specific Lawyers or attorneys to contact to help me with this action, if it is doable? Thanks in advance
**This is in Florida, USA
You had better make or find some means of paying the monthly mortgage payment. The mortgage company do not know your grandmother has passed. All they see if there has not been a mortgage payment on the number of months your grandmother has passed and the monthly mortgage payment has not been paid.
You might want to look around the house at some of the mail your aunt has been receiving. In all probability some of the mail would be from the mortgage lenders indicating the monthly mortgage has not been paid. There might be other mail from the mortgage lender indicating that if the mortgage loan is not paid current, what circumstances would happen and how they would happen.
Your grandmother's house could be on track to be in foreclosure, by the mortgage lender. If this happen it would make it more difficult for you or anyone else to pay the mortgage current and keep the house.
You might want to check with a probate attorney to find out the procedure in your state so the title of the deed to the house can be transferred to you or whomever is entitled to the house, based on the probate law of your state.
This probate attorney would be able be of assistance to you in finding out if you are legally entitled to the house. Make sure there is a document signed by the judge authorizing the legal person ownership of the house and transferring the title of the property to this new person, at the county recorder's office.
You might also inform this probate attorney that no mortgage payment has been made on the house since your grandmother passed and you would want to keep the house out of foreclosure, if possible. Your probate attorney would have the power to get information about the mortgage loan from the mortgage lender.
It is not necessary or very important to be on the mortgage of your grandmother.
The more important problem you currently face is the possibility of the house being foreclosed on by the mortgage company as you have indicated you have not paid the monthly mortgage since you grandmother passed.
The other important thing you want to accomplish is to have the house legally transferred to you with your name ultimately being listed on the titled deed.
I hope this has been of some benefit to you, good luck.
This sounds like her estate hasn't been probated. If you don't understand that's a court action where an executor of the estate will be named and only the executor can transfer the title pursuant to the heir named in the will or, absent a will, according to state law. In some cases family can assume the mortgage. You really need to talk to a probate attorney. If nobody has made the mortgage payments it's likely in foreclosure and too late to assume the mortgage.
You are confused. Getting your name on the mortgage gives you no ownership rights. You need to find out what grandma's will says. The new owner of the house will be whomever she left it to. That could be you but you must find out.
If she left no will (unlikely) then her husband/children will receive the house. A grandchild gets nothing unless his parents have died in which case he gets whatever part his parent would have received. So if grandma was a widow with three children and one of them was your mother who has died and you are an only child, you will inherit one third of the house.
You MUST start paying rent immediately. If the house is in probate (meaning still in grandma's name), rent will be paid to the estate of your grandmother meaning whichever of her children is in charge of distributing her estate (executor). The rent should be market rate for a house of that size in the place where it is located, easy to establish that with a local broker. The executor of the estate will use that money to pay the mortgage and taxes. If the mortgage is not paid, the bank will foreclose on the house so get this sorted out immediately or you will be homeless.
If it turns out that you inherited the house, you will be able to assume the mortgage as a direct heir. But that is a long way down the road as the house has to first go through probate.
If your grandmother did not leave the house to you in her will, then you do not
have any right to the house. If she did leave it to you, you must apply for a
mortgage of your own and the present one must be paid off. You will need to
have sufficient monthly income to be approved for any mortgage.Hire a lawyer
who can help you through this situation. Take any and all information you have,
when you visit him. Do not delay,as foreclosure papers could be filed soon,as
you say no payments have been made.
You cannot do that. What you would have to do is refinance the mortgage in your own name. However, you cannot do that without proof that the house now belongs to you. Did she Will it to you? Are there other heirs who own a portion of the house? If there was no Will, state law would apply and you might own no part of it, especially since her heirs would NOT be her grandchildren. Her heirs are her children. If you have aunts or uncles who are alive, then you own no part of the house and, at some point, it is very likely that you will be kicked out.
so no one pays the mortgage, the late fees are added, bank forecloses….great plan
with no will, it goes by state law..1st it would go to any children, if not children they look for other relatives…might be a sibling (your aunts/uncles), might be you….
you can't be added to the mortgage, but you can pay it. you need to get it current and settle the estate.
In the US, a close relative heir does NOT need a new mortgage…you can just continue the current one..that is by law
first of all, are you the only living relative she had left, when she died the property would revert to her nearest relative, if she were married, it would be her spouse, if none, her children, if none possibly to a grandchild
but no, you cannot assume her mortgage you have to get one to cover the house in your name
since you have failed to pay her current mortgage payments it is in default and the lender can immediately foreclose on it, and you will be out entirely
You need to talk to the mortgage firm asap. You will need to convince them that you are capable of paying the mortgage, although it will be a new loan. If they are happy to proceed they will talk you through the procedure. If you are unable to make such an arrangement they will repossess the property, sell it, and the balance will go to your grandmother's estate.
It is too late, your grandmother died and her estate needs to go to probate to determine who gets what, reality is if your grandmother wanted you to have the house then she would have added your name to the deeds at least 7yrs ago before she died, or of course written it in a Will