Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am writing on behalf of my sister-in-law who resides in…

Customer Question
I am writing on...

I am writing on behalf of my sister-in-law who resides in MI. Her husband (my brother) passed away Aug. 20, 2014. Prior to his passing he re-financed their home on his own with CitiMortgage. The loan is strictly in his name however the deed has both of their names on. The question being - Is she liable for the loan?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Has any paperwork been filed?

What type of paperwork? She submitted a death certificate and a copy of the deed.

Submitted: 10 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
10/2/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,200
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience. If it is only his name on the loan, then she is not going to be responsible for it. The only issue though is that the bank has a lien on the home and meaning that if she does not pay, then they would be able to send the home through foreclosure. So, her credit may not be impacted and she won't be responsible for paying the loan, but the loan still must be paid if she wants to continue to own at home. In the worst case scenario, the bank will sell the home at a foreclosure sale and if there is any money left over they would return it to her after they took what was left on the mortgage.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,200
14,200 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My mother passed away 8/1/17 in Mission, TX. Before she
My mother passed away 8/1/17 in Mission, TX. Before she died, she deeded her house to my sister and I. She also had a will in place stating that all of her property, goods, and money would be split be… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My mother and I bought a home together,when she passed and I
My mother and I bought a home together,when she passed and I took her death cert.they didn't remove her from deed,instead put her estate. How do I fill out a quit clim deed without her signature to re… read more
Michael Gonzalez
Michael Gonzalez
JD
585 satisfied customers
My partner of 24 years passed away without filing the Quit
My partner of 24 years passed away without filing the Quit Claim Deed from his mother, the owner of the property we maintained, improved and paid all taxes and assesments on giving said property to hi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
My father died without a will, there are only 2 heirs,my
Hello, my father died without a will, there are only 2 heirs,my brother and me. The estate probate process is almost over. Can you please review the attachment, this is a letter I received from my unc… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,344 satisfied customers
I need to do a quit claim deed for my sisters house I just
I need to do a quit claim deed for my sisters house I just found out that my brother in law was added to the deed in 2013. He is now deceased. My sister had altzheimers and I have poa. What can I do. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My sister passed away back in June 2013. She was the only
My sister passed away back in June 2013. She was the only person listed on her mortgage loan and unfortunately she did not have a will. My brother and I have continued paying the mortgage since her de… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My deceased father (passed away aug 2014) had a will leaving
My deceased father (passed away aug 2014) had a will leaving his homes to his 7 children. To avoid probate, he added my sister (a real estate agent) to his 2 house titles so that she could take care o… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My father left me and my brother a lady bird deed to his house
My father left me and my brother a lady bird deed to his house back in 2001 after my mom died, he later got married again and my step mom now lives in the house. My father died 2 weeks ago. Do we have… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
My father passed away in April 2013 and owned and lived in
My father passed away in April 2013 and owned and lived in a residential 3-family home in Brooklyn, NY. He was the only resident at the time of his death and the building is currently unoccupied. He d… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
A property in North Carolina was owned by my father, upon his
A property in North Carolina was owned by my father, upon his death it was transferred to my mother, myself, and siblings. A sibling decided to transfer the deed to her name only. Someone signed and n… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
Brother died sept 3. His real estate agent did not file the
Brother died sept 3. His real estate agent did not file the title of deed we signed and notorized. Sent it to her over night. received end Aug 28. Now we don't know what we have to do to settle this s… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have aggressive bladder cancer- Iam not married, but have
I have aggressive bladder cancer- Iam not married, but have a domestic partner , have made a will leaving everything to her. Land in MI, cars, truck, property and double wide in FL.-my daughter states… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My mother and me own a condo that she lived in for 6 years.
My mother and me own a condo that she lived in for 6 years. Both our names are XXXXX XXXXX deed with rights of survivors, she was to share in the cost i.e. mortgage maint etc. To date she has paid onl… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My father just passed away leaving everything to my 83 year
My father just passed away leaving everything to my 83 year old mother. The house has a first and second mortgage in my father's name only. My mother declared bankruptcy for her debts only approx one … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Hi, Im in a very complicated and personal situation regarding
Hi, I'm in a very complicated and personal situation regarding a loan that was borrowed from the equity of my parents house. It got complicated when after I have borrowed money from the equity of the … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Michigan property Titled in my two brothers names and my brother
Michigan property: Titled in my two brothers names and my brother in law, joint tennants with right to survivor. (Brother in law sold his 1/3 to the two brothers for 4,000, that deed has never been re… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Hi, My brother passed away last year and we want to remove
Hi, My brother passed away last year and we want to remove his name and add my name to the grant deed. My two sisters are on the deed as well. What is the procedure? thanks. Long… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My Mother recently deceased, her home is in San Antonio texas,
My Mother recently deceased, her home is in San Antonio texas, no living will. I live in Arizona my attorney out here stated she doesn't know about texas law,I'm not sure what I need to do, my family … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x