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property that has been willed to someone

Posted on: 05th May, 2007 03:14 am
Both my parents died recently and left a mortgage on their home, There is quite a bit of equity in the home. They willed the home to my brother but he refuses to pay the mortgage payments to keep the house. The property is going into foreclosure. the mortgage is assumable and I would like to assume it. How do I get the deed out of my parents name and into mine if I assume the mortgage. Also, because they willed the home to my brother, does he retain any rights to the property if I should assume the mortgage and sell the home.
Hi Dove,

To begin with, as the house is willed to your brother he can sell the house, pay off the mortgage and retain the balance as there is enough equity in the house, so you need to know if he will agree to give you the house or not. You will need to own the house to be able to assume the mortgage.

"How do I get the deed out of my parents name and into mine if I assume the mortgage.'
The will would go through the probate process and then your brother will get ownership of the house after which he can use a quit claim deed to transfer ownership of the house over to you.

At the time the quit claim deed will be made, the lender can also complete the required documentation for you to assume the mortgage payments.

First, you get in touch with the lender and ask if you would be allowed to assume the mortgage or not & then if he says that he would have no objection to it, you can ask your brother to quit claim the ownership to you.

Miller
Posted on: 05th May, 2007 11:59 am
dovepnny,

As far as I have come to know, one can assume a loan when he's buying the seller's property that has a mortgage on it and the seller isn't paying for it. I guess dovepnny wants to say that he'll be taking over the loan and not assuming it.

In case you wish to know what's an assumable mortgage, you may go through mortgagefit.com/assumable-mortgage.html
Posted on: 07th May, 2007 05:41 am
"Both my parents died recently and left a mortgage on their home >> Dove, as the mortgage was in their name, lender can now ask for it to be paid off as now the title ownership will change over in your brother's name after he gets the home as mentioned in the will."
Posted on: 07th May, 2007 11:42 am
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