Can someone on the deed but not the mortgage sell the house after the borrower dies?

Real Estate Law

Jessica B

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I'm sorry to hear about your situation. Let's go through some steps that might help you navigate this:

Understand Your Rights as a Successor in Interest — Since you're on the deed, you have ownership rights to the property. The mortgage company has mentioned you could be a successor in interest, which means you might be able to assume the mortgage. This would involve providing documentation to the mortgage company to confirm your status. Federal law also protects you here: the Garn-St. Germain Depository Institutions Act prevents a lender from enforcing a due-on-sale clause simply because a property transferred to a relative or joint owner upon the borrower's death. (12 U.S.C. § 1701j-3)
Communicate with the Mortgage Company — Contact the mortgage company to understand what specific documents they need from you to consider you as a successor in interest. This might include proof of your relationship with your partner, his death certificate, and any other relevant legal documents.
Consider Financial Implications — Before deciding to become a successor in interest, evaluate your financial situation. Since you mentioned only having your own income, ensure you can manage the mortgage payments on your own. It might be helpful to consult with a financial advisor.
Explore Selling the Property — If managing the mortgage isn't feasible, you might consider selling the property. Since you're on the deed, you have the right to sell the house. However, you may need to resolve the mortgage issue first, possibly by negotiating with the lender.
Consult with a Real Estate Attorney — Given the complexity of your situation, consulting with a real estate attorney could provide you with tailored legal advice. They can help you understand your rights and obligations and assist with any legal proceedings if necessary.
Probate Considerations — Since your partner has passed away, the property might be subject to probate laws. This process can affect how the property is handled and transferred. An attorney can guide you through this process if needed, since probate rules and timelines vary by location.

Please let me know if you have further questions.

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My partner and I have a house together and he was the only one on the mortgage but I am on the deed, payments are 2 months behind and the mortgage company says I can be a successor of interest. Would I be able to sell the house even though he is the only one on the mortgage? I don't know if I should become successor because I will only have my income coming in.

Lexi, Chatbot

I understand that this situation can be quite stressful for you. Can you tell me if you and your partner have discussed the possibility of selling the house together?

My partner passed away March the 11th and the mortgage company says I'm not on the mortgage.

Lexi, Chatbot

Have you already received any formal communication from the mortgage company regarding your status as a successor in interest?

I have to send information over in order for them to decide and put me as a successor.

Lexi, Chatbot

Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your successor rights.

No.

Jessica B

Hi there! I'm Jessica, and I'm here to help you with your real estate question. I understand you're dealing with a situation where your partner, who was the only one on the mortgage, has passed away, and you're on the deed but not the mortgage. Have you considered any legal actions or consulted with a local attorney about this matter?

Are there any other heirs or interested parties involved in the property?

Jessica B

Based on your situation, there are several legal arguments and considerations in real estate law that could potentially support your case. Successor in Interest: as someone on the deed, you may have rights as a successor in interest. This means you could potentially assume the mortgage or take over the property, even if you're not on the mortgage. The mortgage company may require documentation to confirm your status. Deed vs. Mortgage: being on the deed means you have ownership rights to the property. However, the mortgage is a separate agreement with the lender, and if your partner was the sole borrower, the lender may need to approve any changes to the mortgage.

Probate and Estate Laws: since your partner has passed away, probate laws may come into play, and these laws govern how his estate, including the house, is handled. If there are no other heirs, you might have a stronger claim to the property. Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Jessica B

I'm sorry to hear about your situation. Let's go through some steps that might help you navigate this:

Understand Your Rights as a Successor in Interest — Since you're on the deed, you have ownership rights to the property. The mortgage company has mentioned you could be a successor in interest, which means you might be able to assume the mortgage. This would involve providing documentation to the mortgage company to confirm your status. Federal law also protects you here: the Garn-St. Germain Depository Institutions Act prevents a lender from enforcing a due-on-sale clause simply because a property transferred to a relative or joint owner upon the borrower's death. (12 U.S.C. § 1701j-3)
Communicate with the Mortgage Company — Contact the mortgage company to understand what specific documents they need from you to consider you as a successor in interest. This might include proof of your relationship with your partner, his death certificate, and any other relevant legal documents.
Consider Financial Implications — Before deciding to become a successor in interest, evaluate your financial situation. Since you mentioned only having your own income, ensure you can manage the mortgage payments on your own. It might be helpful to consult with a financial advisor.
Explore Selling the Property — If managing the mortgage isn't feasible, you might consider selling the property. Since you're on the deed, you have the right to sell the house. However, you may need to resolve the mortgage issue first, possibly by negotiating with the lender.
Consult with a Real Estate Attorney — Given the complexity of your situation, consulting with a real estate attorney could provide you with tailored legal advice. They can help you understand your rights and obligations and assist with any legal proceedings if necessary.
Probate Considerations — Since your partner has passed away, the property might be subject to probate laws. This process can affect how the property is handled and transferred. An attorney can guide you through this process if needed, since probate rules and timelines vary by location.

Please let me know if you have further questions.

Jessica B

31,604 satisfied customers

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