Need real estate advice

[Jebinok]

Long story short. Her Husband died. No deed. His son won't sign quick claim deed. She has been paying mortgage for last 20 years. Wants to sell. I will discuss further in mes

 

[Acard7]

Get a lawyer, that is all I can advise! Sorry for the situation she is in.

 

[adrianp89]

Yeah get a lawyer ASAP.

 

[rkluck]

There has to be a deed somewhere proving who own's the property. Usually you can find this on-line. If there is a will that is best and will determine most decisions. If there is no will then in most states (at least the ones I live in) this goes to probate court for settlement. The wife usually gets the property over the children. Also, if there is no will nobody can do anything with the assets until the courts decide. It would be helpful and easiest if they get a lawyer since it seems there may be other circumstances involved. Sorry they had this loss and then are having to deal with this as well.

 

[Ericd]

#1 Property ownership is typically maintained by the county recorder. They can cross reference the address to the owner of record.
#2 The mortgage company has documents in their files about the registered ownership of the property.
#3 If not joint ownership with right of suviorship, or a will, then estate goes to probate court.
#4 Get an attorney is best advice

 

[Jebinok]

There has to be a deed somewhere proving who own's the property. Usually you can find this on-line. If there is a will that is best and will determine most decisions. If there is no will then in most states (at least the ones I live in) this goes to probate court for settlement. The wife usually gets the property over the children. Also, if there is no will nobody can do anything with the assets until the courts decide. It would be helpful and easiest if they get a lawyer since it seems there may be other circumstances involved. Sorry they had this loss and then are having to deal with this as well.

There are other circumstances no will and it's past probate period.

 

[Taylorman]

Long story short. Her Husband died. No deed. His son won't sign quick claim deed. She has been paying mortgage for last 20 years. Wants to sell. I will discuss further in mes

Who has she been paying the mortgage to? If it’s a bank, was the mortgage only in the husbands name? How is the son involved here and is she his biological mother?

In my state (NC) the surviving spouse automatically receives sole property rights in the absence of a will. However, that could be complicated if the son had co-signed for the mortgage or been added to it at some point. There could also be complications if she’s not the bio mom of the son and the house was purchased prior to their marriage. Hard to advise with the limited info provided.

 

[Jebinok]

Who has she been paying the mortgage to? If it’s a bank, was the mortgage only in the husbands name? How is the son involved here and is she his biological mother?

In my state (NC) the surviving spouse automatically receives sole property rights in the absence of a will. However, that could be complicated if the son had co-signed for the mortgage or been added to it at some point. There could also be complications if she’s not the bio mom of the son and the house was purchased prior to their marriage. Hard to advise with the limited info provided.

Son is not bio. Her husband was only one on deed. She is responsible for loan. Now her and her late husband filled chapter 7. He died a couple of years later. She has been voluntarily paying mortgage.

 

[Taylorman]

Son is not bio. Her husband was only one on deed. She is responsible for loan. Now her and her late husband filled chapter 7. He died a couple of years later. She has been voluntarily paying mortgage.

Definitely a lot to unpack there and few details to do so. If I’m reading between the lines correctly the son was awarded the house after his father’s passing or the son had to take out the mortgage because of her past bankruptcy. Now she wants to sell but has no legal right to do so because it’s in the son’s name. If she’s been paying the lender directly and the laws in your state are favorable a lawyer may be able to help. Really hard to say given I’m making a number of assumptions.

The only non lawyer option I can think of is to strike a deal with the son and offer some compensation upon close. It’s still a sellers market. If he can’t afford to pay the mortgage on his own she can threaten to stop paying which puts his credit at risk. If he threatens to sell and not compensate her then she can threaten a lawsuit which would be costly for him to defend and not cooperate with the sale process (not clean, make house available for showings, stop paying mortgage, etc.). Really no easy button I can see if the son is being stubborn. However she does have leverage if the sons name is on the mortgage. And this should be obvious but nothing I’ve said should be construed as legal advice nor am I advising anyone to do anything illegal.

 

[Jebinok]

Definitely a lot to unpack there and few details to do so. If I’m reading between the lines correctly the son was awarded the house after his father’s passing or the son had to take out the mortgage because of her past bankruptcy. Now she wants to sell but has no legal right to do so because it’s in the son’s name. If she’s been paying the lender directly and the laws in your state are favorable a lawyer may be able to help. Really hard to say given I’m making a number of assumptions.

The only non lawyer option I can think of is to strike a deal with the son and offer some compensation upon close. It’s still a sellers market. If he can’t afford to pay the mortgage on his own she can threaten to stop paying which puts his credit at risk. If he threatens to sell and not compensate her then she can threaten a lawsuit which would be costly for him to defend and not cooperate with the sale process (not clean, make house available for showings, stop paying mortgage, etc.). Really no easy button I can see if the son is being stubborn. However she does have leverage if the sons name is on the mortgage. And this should be obvious but nothing I’ve said should be construed as legal advice nor am I advising anyone to do anything illegal.

The son is not on the mortgage nor on the deed.

 

[Taylorman]

The son is not on the mortgage nor on the deed.

Sounds like a pickle. Best of luck.

 

[rkluck]

I must be missing something. If the son is not on the deed there is no need for a quick deed. If the son is not on the mortgage and only the wife and husband again no issue. The son is not biological (or adopted?) and there is no will he will typically not be in line for anything. The wife shouldn't have a problem and should have full control of the house once it clears Probate court.

 

[Jebinok]

I must be missing something. If the son is not on the deed there is no need for a quick deed. If the son is not on the mortgage and only the wife and husband again no issue. The son is not biological (or adopted?) and there is no will he will typically not be in line for anything. The wife shouldn't have a problem and should have full control of the house once it clears Probate court.

There never was a probate.....he passed in 2013

 

[Jim_in_Delaware]

Seems to me the widow needs to be working with a law firm practicing predominately in the areas of Real Estate law. We used one of these specialists in DE when we purchased our lot, got our construction loan, and got our final mortgage. Not only will they give the specific advice needed in this case, they should also be able to get the deed straightened out so she can sell the property.

Jim

 

[Jebinok]

Seems to me the widow needs to be working with a law firm practicing predominately in the areas of Real Estate law. We used one of these specialists in DE when we purchased our lot, got our construction loan, and got our final mortgage. Not only will they give the specific advice needed in this case, they should also be able to get the deed straightened out so she can sell the property.

Jim

Ok thank you sir

 

[rkluck]

There never was a probate.....he passed in 2013

If the house is in her name and the mortgage there is no problem. If there was a will that will typically drive the estate division. If there is no will and no clear ownership the estate has to go to probate (at least in most states). It doesn't sound like the son has any legal rights. I would think he would have to challenge this legally if he believes he is entitled to any of the estate proceeds. It must not be this cut and dry so as mentioned it may be best to get legal advice.

 

[adrianp89]

Seems to me the widow needs to be working with a law firm practicing predominately in the areas of Real Estate law. We used one of these specialists in DE when we purchased our lot, got our construction loan, and got our final mortgage. Not only will they give the specific advice needed in this case, they should also be able to get the deed straightened out so she can sell the property.

Jim

Did you use the firm for a specific reason or just to keep things simple and in line?

 

[Ronnie]

If there is no will there is nothing to probate. Title would pass intestate to the surviving spouse via the table of consanguaity (sp?) subject to the remaining mortgage balance. If it were me, i would retain an attorney that specializes in property law and ask him or her of I should work with the mortgage company to see if they could quiet title in my name. This should not be the first time they have been in this situation. Once it’s clear it’s in my name move to evict the son if he is living there and i want him out so I could sell or just want the space/privacy.

if the son has a valid claim to the property I would still work with an attorney if not son directly to get compensation for my investment to date. Son should not walk out of this with a windfall. I’m sure there are a lot of undisclosed details that could change my perspective on this.

 

[Jim_in_Delaware]

Did you use the firm for a specific reason or just to keep things simple and in line?

Our real estate transactions were pretty simple (purchase of lot, construction loan, mortgage loan) so we only really needed their closing services. However, they are a well established firm, and I definitely would use them (or recommend them) for any complicated real estate issues.

Jim

 

[adrianp89]

Our real estate transactions were pretty simple (purchase of lot, construction loan, mortgage loan) so we only really needed their closing services. However, they are a well established firm, and I definitely would use them (or recommend them) for any complicated real estate issues.

Jim

Was just curious, I have access to lawyer services for free. Eventually we may consider building a new home. Seems to be a complicated ordeal on the surface.