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Timothy D. Smith
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My husband died Jan 12, 2012. I had condo appraised and found

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My husband died Jan 12, 2012. I had condo appraised and found out I am on mortgage but am not on the title. I have been paying for the condo. His will gave everything to me. What do I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Timothy D. Smith replied 1 year ago.
I hope this message finds you well, present circumstances excluded. First, let me express my sincere condolences on the loss of your husband.

As to your question at hand, you simply need to request through the mortgage company that technically holds the title until such time as the mortgage is paid in full, amend the title and file in the appropriate county the amended title. If nothing else, you will need their consent to amend the title.

The court in which the title is filed should also have a form that allows individuals such as yourself to complete the form and file to have the title officially amended. Since your husband is deceased, even if you were not listed on the mortgage, the home would technically become yours. As such, it is a good practice to also have available a copy of your husband's death certificate so that the court can recognize you as the sole owner of the property. If there was a will that was probated or an estate that was probated and legal documents generated therefrom showing his possessions being left to you, you may want to bring those documents with you as well.

In essence, you need to:
(1) Contact the mortgage company and either request they assist you in amending the title or issue a letter of no objection as to title change;
(2) Get the death certificate and any other paperwork surrounding the estate (if there is any) and
(3) fill out the form at the court in which the title is on file to amend the title. The court clerk can often help with this process.

Let me know if you have any additional questions or comments.

Best wishes going forward!
Customer: replied 1 year ago.

When I checked the title and got a copy of it I was told I then had to probate the will. Can I just go to the mortgage company? There is no big estate, only the condo which is now mine but I can't sell it without my name being on the title - right? Thanks!!

Expert:  Timothy D. Smith replied 1 year ago.
Yep. The mortgage company alone should be able to handle this situation for you. To that end, it is in their best interest to have the proper name on the title. It makes the mortgage more of a liability to them if it is not correct and something were to go wrong. You can avoid the other probate component of this arrangement if you like and just go forward using the mortgage company.
Customer: replied 1 year ago.

Thank you so much for the answer! I will contact the mortgage company tomorrow!! This has been worrying me so much. Thanks again.

Expert:  Timothy D. Smith replied 1 year ago.
My pleasure! Best wishes going forward!
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2184
Experience: 10 years practicing IP law and general litigation
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Timothy D. Smith
Timothy D. Smith
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10 years practicing IP law and general litigation