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Thomas McJD
Thomas McJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 6516
Experience:  Real Estate Attorney
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My daughter is on title on my home. I am 85 and would like

Customer Question

My daughter is on title on my home. I am 85 and would like to know, if I die, can she sell my home when I am dead, or would the mortgate company prevent it since she is not on the mortgage. What can she do?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Thomas McJD replied 4 years ago.


Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

Thomas McJD and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.
Great and thanks: You always answer clearly with good communication. I am very happy with your answer.
Expert:  Thomas McJD replied 4 years ago.
Customer: replied 4 years ago.
I need to ask another question. Of course I will pay again. Can she keep the house and pay off the mortgage with the usual payments.
Expert:  Thomas McJD replied 4 years ago.
Sure, the Garn. St. Germain Act also prohibits them from calling the note due or forcing her to refinance if ownership transfers to her by operation of law (which it will since, as you noted, she is a joint owner). Thus, she could keep the home and just keep paying under the current loan if she wants. They cannot force her to refinance, pay off the loan, etc.