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My husband died and our house was under his name. I need to change the deed so is under my name.

Sunrise, FL |

I wanna do so to be able to assume the loan. How and where do I do that... can it be done without a lawyer? because I am in a very bad financial situation. in order for me to pay the loan I need the house to be under mi name.
I am desperate! My house is supposed to go for auction in a month... I need help!

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Attorney answers 5


Why is it going to auction? Have you missed payments? If so, putting the loan in your name will be difficult and probably futile. See a probate attorney in your area.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.



the house is in foreclosure but the bank said that I can stop the sale... And they also said I can still save my house and pay a monthly amount... but my name is not in the deed nor the loan. That's the only document I am missing to start the process of saving my house.



And the reason my house is in foreclosure is because my husband had a brain tumor and I never knew about the loan... He always took care of everything perfectly but the tumor started affecting him in every way possible. he started to forget to pay the bills and all. Now he passed and the bank gave this surprise.

Carol Anne Johnson

Carol Anne Johnson


I am so sorry about your husband! I notice that you state you are in a bad financial situation - if so, putting the home in your name will only make you responsible for its (now) growing debt. Did the bank tell you how much they needed to get the house payments caught up? You do realize, you will now also have to pay for their legal fees in the foreclosure, too. Wish I had better news for you, but honestly, you may not be in a position to save your home.


I assume it is under foreclosure if it is going to auction.
Is so-if you can not catch up the payments-it does not make sense
to get the loan in your name.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


You need to do a probate proceeding, and you need to get started now. If your house is going to be foreclosed on next month, you've already waited way too long. While it is possible to do this without a lawyer, that is not a very good idea.


You need an attorney who practices in probate. Depending on the situation with the foreclosure you may not want to get title.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.


It is likely much too late with a sale next month to probate his estate and assume the loan. This should have been started months or years ago. This is even assuming you have sufficient credit and income to qualify to assume the loan; which it does not sound like you do.

Currently you have zero liability to the bank, so assuming the loan would put you in an even worse financial situation that you are already in.

Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Offices of Michael H. Merino is a real estate and bankruptcy firm located in Davie, Florida and we invite you to contact us and welcome your calls at 954-321-7701. Please note the contacting us does not create an attorney-client relationship until our firm is officially retained.

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