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My grandmother died in 2008. She had a mortgage. We are trying to figure out how can we get her name off of the mortgage and put

Freeport, IL |

it in someone else name. We were trying to pay on the mortgage, and we explained that my grandmother was deceased. How can we go about doing that?

Attorney Answers 3


  1. The house should have been probated. You should seek the services of an experience probate attorney. Title has to be transferred and the method of that transfer will depend upon many facts not given here. You cannot simply have a mortgage put in someone else's name.


  2. What is not clear is who holds title. It sounds like title is still in your grandmother's name. That has to be changed. Most likely probate will be necessary to do that. You need to consult a probate attorney.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.


  3. There are at least two parts to this. First, title to the property is likely in her name or perhaps even her name and a previously deceased spouse or other party. That will need to be addressed before much of anything can be done with the property. It is possible that at this time an attorney experienced in probate and real estate will be able to help without having to file a probate case, but deciding that will depend on the facts.

    As far as getting her name "off of the mortgage," generally there is not a way to do that. Instead, the new owners will have to find funds, probably through financing, to pay off that loan. The risk without resolving this is that the mortgage company will take action against the property to protect its investment. Often, as long as the payments are coming, they will not do anything, but you really have a tenuous situation with a loan obligation remaining for someone who has passed.

    I am sorry for your loss.

    The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.

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