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in 1999 my stepmom signed a quit claim deed to my fathers house. He died 2008 leaving her everything. does she own the house ?
Marietta, OH
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Posted 5 months ago in Estate Planning
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what I'm wanting to know is does she have legal claim to the house even though she signed a quit claim deed. The house has a reverse mortgage and I think her name was taken off the deed when it was drawn up because of her age. She wasn't as old as my dad and so didn't quailfy for the loan. her name was never put back on the deed but was added to the mortage later. The mortgae comapny is saying the terms of mortgage have been broken and are asking all heirs to reply to legal notice in the paper. are the hiers responsible for the mortgage and does she inherit the house even though she signed a quit claim deed in 1999 ?
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Answers (1)James Arthur Gorton
This attorney is licensed in California.
Posted 5 months ago.
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I assume when you say that your father left everything to your stepmother that he had a will or living trust naming her as the sole beneficiary of his estate or trust. If so, the fact that your stepmother was not an owner of your father's house by virtue of having quitclaimed her interest in the house to him is irrelevant.
Under the terms of most reverse mortgages, the mortgage becomes all due and payable when the mortgagor, i.e., your father, dies. Usually, the terms of the mortgage allow a period for the loan to be repaid once it becomes all due and payable. If the loan was HUD guaranteed, as most are now, that is six months and, provided the estate representative makes a written request for an extension before the expiration of the six month period, two further 3 month extensions are available. Note that the second 3 month extension must be applied for in writing prior to the expiration of the first 3 month extension. If the property is not sold before the expiration of the repayment period or any extensions of the repayment period, the lender may start foreclosure proceedings and the estate could lose the house to foreclosure. You would be well advised, if you have not already done so, to contact a local probate attorney for further advice, and possibly a local real estate attorney, familiar with the foreclosure process in your area. Please be advised that the foregoing discussion is a generalized and hypothetical answer based upon incomplete facts and is not intended to serve as legal advice to you, nor should you regard it as an attorney-client communication or as creating an attorney-client relationship. If you desire legal advice concerning the situation you have described you should contact an attorney who has substantive experience in the fields pertaining to your question. |