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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36393
Experience:  Texas lawyer for 30 years in Estate law
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I have a question regarding my 70 year old mother and her

Customer Question

I have a question regarding my 70 year old mother and her house that she wants to will to my sister. My mother lives in a house, in Fresno County, California, that was willed to her by her husband, our stepfather. Our stepfather has one adult daughter of his own. My stepfather got a mortgage on his home a few years ago, which still has a balance of $85000.00. He died 3 years ago and left the house to my mother. My mother went through probate already and had her name placed on the deed with the county. She didn't tell the mortgage company anything. She just continues to pay the monthly payment because she doesn't think she will be able to refinance due to credit issues. My question is whether she can leave that house to my sister, or whether his daughter will have first chance to pay off the mortgage, since my sister and I are not his heirs. I was trusted to and live in my grandmother's house, so I don't have any interest in owning my mother's house. But I also don't want to be affected legally by my mother's house, since I am the oldest child. I also don't know whether my stepfather's daughter can contest the will. I don't have any relationship with her, neither does my mother. I am very confused since the mortgage is still in my stepfather's name but the county records say my mom is the owner. Please advise. Thank you.
Submitted: 3 months ago.
Category: Estate Law
Expert:  RayAnswers replied 3 months ago.


Bot***** *****ne have mother contact lender here and they will let her assume the loan if she wants to keep the property here.

Expert:  RayAnswers replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.

More information on the law here, they have to let her assume the loan.She just needs to call them.Federal law, specifically the Garn-St. Germain Depository Institutions Act of 1982, allows an exception to the due-on-sale clause when a property transfers by inheritance. The law allows a close relative who inherits property to assume payments on the mortgage and retain ownership of the property. A joint tenant, who shares title to the house, may also assume the mortgage; the most common situation involves a surviving spouse who still lives in the residence

There is no qualifying here if she just notifies them she is heir and the other person deceased.Garn-St. Germain says they have to let her assume it without strings or qualifying here.

Expert:  RayAnswers replied 3 months ago.

Please let me know if you have follow up here.It is not a problem, federal law allows her to assume the existing loan without qualifying, she just needs to contact the lender and do so.

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