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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6847
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I have been asking my questions of an Estate lawyer (fr.

Customer Question

Hello, I have been asking my questions of an Estate lawyer (fr. justAnswer), but the County Clerk says I need to ask a REAL Estate lawyer! We live in Allen, TX (Collin Co). My FIL co-signed our mortgage last year. He passed away last summer.I spoke to
my mortgage lender & they said that my FIL has been removed from our loan & the mortgage should not show up as one of my FIL's debts. My SIL's lawyer says I have to refinance to remove my late FIL from the Deed of Trust, but Richard & my mtg co says that's
not true. Richard, the Estate lawyer from justAnswer has sent me a couple of forms: "Quit Claim Deed" & "Release of Lien". My mtg co says they won't fill out the 2nd form, since we have not paid off the loan. Who fills out the Quit Claim form? My SIL (the
executor)? What do I do? We can't sell my FIL's house until my house is no longer considered to be one of his debts.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

One of the two people you spoke with at the mortgage lender is incorrect. If the lender has removed FIL from the loan then they should execute a release of surety/guaranty document which his estate can use. They can't release the entire mortgage though, which is what a QC & Release of Lien form would do.

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