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Special warranty deeds

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Douglaswalbert Joined: 20 Jun 2011 Posts: 1 1.00 Dollars($)	Posted: Mon Jun 20, 2011 3:05 pm    Post subject: Special warranty deeds Like 0 Dislike 0 Special warranty Deeds Hi , My name is Diana My my fiance past away and im trying to get some answers on special warranty deeds. The court has ordered a special warranty deed and im trying to find out what it means and who pays the mortgage? The past or the new owner?
chrisgummerson Community Expert Joined: 29 Apr 2010 Posts: 704 Location: La Palma, CA 9.98 Dollars($)	Posted: Mon Jun 20, 2011 3:14 pm    Post subject: Like 0 Dislike 0 If your fiancee past away, heir to her/him would be next inline for the property. Is there probate action? Was there a will? Warranty deed is to show that the seller holds clear title to a property and has a right to sell the property. If you are residing in the property, you can continue to make the payments on the property. If you were willed the property, then you would file affidavit of death and have property deeded to you. If probate, the court will grant to heirs. _________________ Chris Gummerson Bay Valley Mortgage Group bayvalleymortgage.com 714-367-5125
smithsussane Joined: 18 Sep 2008 Posts: 10439 Location: Alaska 985.83 Dollars($)	Posted: Mon Jun 20, 2011 9:34 pm    Post subject: Like 0 Dislike 0 Hi Douglaswalbert! Welcome to forums! If your fiancé is already deceased, then you can't get a special warranty deed for the property. Rather, you need to file an affidavit of heirship at the county recorder's office and get the property transferred in your name. If you refinance the mortgage and get it transferred in your name, then you'll be liable for the loan. Feel free to ask if you've further queries. Sussane

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