The answer to your question depends on the way in which the three of you held title to the property. Were you tenants in common, joint tenants with the right of survivorship, or did you have some other type of ownership? The answer may also depend on which two names were put on the check. You should consult an experienced real estate lawyer in your area about this situation. Your lawyer can review your documents and give you a more complete answer to your question.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
In addition to Mr. Deason's response, people often get confused between the deed (title) and the mortgage. It is possible to have more names on the deed than on the mortgage note. An attorney will need to review both the deed and mortgage to determine the answer to your question.
Douglas R. Coenson, Esq.
Mssrs. Deason and Coenson are correct. To further elaborate beyond the scope of your question, this would be the appropriate time to review and reevaluate with a real estate attorney the ownership scenario as to this home. Did your mother's share pass to the other two owners by operation of law or is it now in her estate? If it is in the estate, was it her homestaed? What was and is the role of the "co-signer" and would this be the time to buy that individual out or to sell the home? Hagen Law Firm here in Fort Myers focuses its' practice on real estate law strategies to assist with such considerations.
I generally agree with the others. You need to be more specific. Also, why was the mortgage company sending the title holders (or two named) a check?
The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate, personal property, and bankruptcy issues. Find out more about me at: FloridaPropertyLitigation.com.