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What does the bank mean? concerning inherited property left to 3 heirs

Janesville, WI |

3 people inherit property so they go to the bank the bank ask for everyones id and ss 2 refuse the bank says to them you do understand by not complying you will essentially have no say in the property ,,, the 2 agree and 3rd is told the morpage lender will be contacting him. what does this mean

correction mortgage lender

Attorney Answers 3


  1. I suspect what is happening is that due to privacy laws, the bank is unable to deal with anyone until that person agrees to complete paperwork that allows him/her to become their customer. The bank cannot control who has a "say in the property." They can control who they will deal with.

    Depending on HOW the property was inherited and how it is now titled, you may need an attorney to help you sort this out.

    The mortgage lender cannot foreclose on the property or accelerate the loan as long as payments are kept current, under Federal law.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. It's not clear why they went to the bank in the first place, but hey should contact a probate lawyer to ensure that title is/was transferred properly.

    If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in California. The response herein is not legal advice and does not create an attorney-client relationship. The response is for legal education and is intended to provide general information about the matter within the question.


  3. Because the term "inherited property" is ambiguous, the first step is to understand how inherited - remainder after daeth of life tenant, joint tenants after the death of one, transfer on death deed, intestacy, will, trust, or other? Dpepdmeomg on the form that may indicate whether passes free and clear or subject to claims.

    Second, a mortgage lender does have a mortgage that continues to be a lien regardless of the form referenced above, assuming that the mortgage was erfected properly - and that again requires looking at the title factors first referenced above; could be free and clear, or could be subject to mortgage depending on facts.

    The idnetiy could be related to privacy laws. or might be that bank's interpretation of a regulation. Like an attorney you could call and ask for citations to authority. Might be a banking regulation or something else yu are not aware of - look it over to see if disputable or not.
    Hope this helps.

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