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
Family Law Attorney
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.
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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 and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.
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