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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31682
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Want to refinance my house, but cannot because my deceased

Customer Question

Want to refinance my house, but cannot because my deceased wife is on the mortgage and also the security deed filed at the court house. My question is, How do I get her name removed from the mortgage or security deed so I can refinance? Both our names are ***** ***** mortgage and security deed
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

In order to transfer her interest in the property from her name to you/her heirs at law, you will have to go through a probate process. However, it may be possible to do a probate for muniment (pronounced "monument") of title only....which is much faster and cheaper. Basically, this process only deals with transferring her interest in real property to her heirs. However, since there is a lender involved, you would have to get the lender to assign the debt to your name alone and release her/her estate from the obligation....which would free you up to do the muniment process.

Expert:  Roger replied 1 year ago.

If you don't do the muniment of title process, you'll have to administer her estate (process when there's no will) in order to transfer her property interests.

Either process is fine and one will be necessary to get to the end result you want....but if you can do the muniment of title, it'll save you a great deal of money.