Do you have to go through probate to get the mortgage in your name

Asked 7 months ago - Dayton, OH

My mother passed away and the my father.the mortgage is in my fathers name.i want to switch the mortgae in my name without having to go through probate.is there away to do this

Attorney answers (3)

  1. Charles Lawrence Huddleston III

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . I'm not sure if you are confused about terminology or not. There are three parts to real estate on which there is a loan. The first is the deed itself, which establishes who owns the property. The second is the promissory note, which is the agreement between the bank and the borrower (this is usually termed, somewhat confusingly, as the "mortgage loan"), and there is the mortgage deed, which is what lets the mortgage company foreclose on the house if the borrower doesn't pay. I'd be glad to try to answer your question if you can be more clear about the facts. If your father is living and your mother died, who owned the house at the time of her death and who was the borrower on the note? And, if there is a mortgage and there is an effort to pass the house to you, the lender has the right to "call" the loan and demand payment. They didn't make a loan to you, and have the right to say "no."

    Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus... more
  2. William Joseph Reynolds

    Contributor Level 13

    2

    Lawyers agree

    Answered . In a word, no. Even if you could get the mortgage company to transfer the loan, that won't put the house in your name. Real estate must be put through probate to transfer title unless there was a transfer on death affidavit filed or the house is titled with a survivorship deed.

    I hope that this information is helpful to you. If so, please mark it as "helpful" or "best answer." The... more
  3. John Michael Phillips

    Pro

    Contributor Level 19

    Answered . I am sorry to hear about your issue. If you can't get the answer you need here, you can have a local estate lawyer investigate the situation. Avvo has an excellent "find a lawyer" tool to locate a top-rated attorney near you who offers a free consultation.

    Please CLICK the button if I HELPED or was BEST ANSWER. No attorney-client relationship is established and... more

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