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Special warranty deeds

Posted on: 20th Jun, 2011 03:05 pm
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?
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.
Posted on: 20th Jun, 2011 03:14 pm
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
Posted on: 20th Jun, 2011 09:34 pm
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