title change for refinancing

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Post Posted: Wed Feb 18, 2009 6:10 pm    Post subject: title change for refinancing

My husband died two years ago and I am trying to refinance our home. The bank said they would not refinance until my husband's name was off the title to our house. I then paid for probate and have a "Letters of Testamentary" issued by our County Clerk. My bank is having problems accepting that document as proof of title transfer. I am going to lose my house if I can't get a refi. What do I need to do now? I spent most of my money on the probate process. Would this have anything to do with "closure of probate" and what is this?
Icon Mini Profile jenkin7

Joined: 04 Jun 2007

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Post Posted: Wed Feb 18, 2009 10:04 pm    Post subject: letters testamentary and probate

Hi quantoid,

Letters Testamentary are documents issued by a probate court stating that an executor has been appointed to carry out the estate related duties in accordance with the will. It does not clearly mention who the current owner is and who should inherit the property.

As far as I know after the probate process, you need to record the files with a county recorder's office so they issue legal documents to you stating you are the legitimate owner of the house.

Post Posted: Thu Feb 19, 2009 7:15 am    Post subject:

Didn't you work with a lawyer to get the probate papers filed, I would ask him/her. As jenkin indicated, the Letters just indicate who is appointed executor or adminsters of the estate. You will probably need an Executor's deed to transfer the property from the estate to yourself.


Post Posted: Fri Apr 10, 2009 9:20 am    Post subject: refi

I am refinancing in South carolina. Only my income is used for the refi. I want my husband off of the title. The bank states that they cannot do it. What can I do?
Icon Mini Profile adonis

Joined: 22 Oct 2005

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Post Posted: Fri Apr 10, 2009 11:14 pm    Post subject:

Welcome Mary,

If you wish to remove your husband's name from the property deed, you will have to ask him to sign a quitclaim deed in your name. Once he signs the quitclaim deed and transfers the property to you, you'll be able to refinance the mortgage in your name.
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