Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Our mother died and in February 2018. She still had a

Our mother died and...

Our mother died and in February 2018. She still had a mortgage and I've been trying to take out a mortgage for what is currently owed on the house and property. My name isn't on any of her financial obligations. Is there a way me and my brother can legally Take over the payments? Is "squatters rights" an option?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

On her financials...no

Lawyer's Assistant: Where is the house located?

Roswell, NM

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe that's it

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
3/22/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,233
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
ok

Under federal law you and your brother can continue paying the mortgage and the lender can not exercise a due on transfer clause.

Under the provisions of the Garn-St. Germain Act, relatives of deceased mortgage borrowers inheriting those borrowers' homes are allowed to keep those homes' mortgages as well. Garn-St. Germain even allows relatives inheriting mortgaged homes to keep those homes' mortgages in the deceased borrowers' names. Basically, surviving spouses, children, grandchildren or other relatives who are left mortgaged homes have the right to pay on their deceased spouse's or father's mortgages without fear of foreclosure. Surviving relatives must reside in the mortgaged homes left them by their deceased relatives to take on those mortgages, though.

There have been cases where mortgage companies have tried, unsuccessfully, to foreclose mortgages even when surviving spouses or joint tenants are involved. Usually, though, mortgage lenders are more concerned with receiving mortgage payments than about going through with a foreclosure. Generally speaking, mortgage lenders are aware of the regulations contained within Garn-St. Germain and mortgage due-on-sale clause preemption. Finally, surviving relative still must notify mortgage lenders of their intent to take over the mortgage as soon as possible.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Real Estate Law Question

Are you still online with me?

Ask Your Own Real Estate Law Question

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,233
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
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 Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,233
39,233 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren 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 sister added me to her homeowners deed as a joint tenancy
My sister added me to her homeowners deed as a joint tenancy with rights of survivorship however she did not register it with the county office nor did she get it notarized we do have it witnessed is … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
my mother died and owed more on her mortgage then the home
my mother died and owed more on her mortgage then the home is worth. We want to keep it still, we have a quit claim deed on the home. What will the mortgage do since more is owed on the house then wha… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Me and my mom own a home...50/50. Things went sour, she wanted
Me and my mom own a home...50/50. Things went sour, she wanted to move out, and filed a restraining order on me. while I was temporarily out of my home she moved out. according to my brother she belie… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I recent put my name on my mothers property. I changed the
I recent put my name on my mother's property. I changed the deed and she signed in front of a notary. The deed is properly recorded. One the deed, the house was joint with right of survivership betwee… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My wife is considering settlement with her brother (they do
My wife is considering settlement with her brother (they do not get along- very hostile) to add his name to the deed of her mother's house. The mom and bro have not paid anything towards mortgage or t… read more
LawyerWriter
LawyerWriter
Doctoral Degree
161 satisfied customers
We are living in my mother-in-laws house and paying her mortgage
We are living in my mother-in-law's house and paying her mortgage payment as rent. We just recently went through a bankruptcy and lost our home. My mother-in-law went through a bankruptcy but wanted t… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I have a friend here in Baltimore, Maryland and her mother
I have a friend here in Baltimore, Maryland and her mother who got a second mortgage on her house is now in a nursing home. Her daughter can't afford to pay for the house and she doesn't know what kin… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My Mother in law is seriously ill, in a nursing home and her
My Mother in law is seriously ill, in a nursing home and her prognosis is not good. She has a mortgage on her house which is probably more than the house is worth. She is on Medicaid and is about four… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My Mother died in 2/2011, we are living in a house that she
My Mother died in 2/2011, we are living in a house that she held the mortgage. She died in PA and the house is in Florida. We were told her estate had to be closed out one year from her death, if this… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
On our final marital settlement agreement in 2007 -- a certified
On our final marital settlement agreement in 2007 -- a certified copy of which I have in my hand-- it states under ASSETS TO CHILD "the residence located at (address) shall be transferred and owned by… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hello, Heres my current situation. My divorce was final
Hello, Here's my current situation. My divorce was final as of Aug. 2009 and although the judge did a great job with decisions of fairness, he dropped the ball and the decree was written very sloppy, … read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
My brother agreed to allow his partner to put his name on the
My brother agreed to allow his partner to put his name on the ownership of a house in Maryland. He has two children by her. His name is XXXXX XXXXX the mortgage. He refused to sign that and does not p… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Hi. My mother died in February 2009. When her husband died,
Hi. My mother died in February 2009. When her husband died, he willed 50% of the ownership of their residence to his daughter. The other half belonged to my mother. My mother left her portion of the p… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
my mother died, leaving me and my three brothers living in
my mother died, leaving me and my three brothers living in the house with a mortgage what are our options for keeping the house.… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Hello - I have a reverse mortgage question. My Father-in-law,
Hello - I have a reverse mortgage question. My Father-in-law, Howard, is 83 years old and has a reverse mortgage on his home. For some reason, when he took out this reverse mortgage, he signed the pap… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a condo that I need to sell. My realtor is saying it
I have a condo that I need to sell. My realtor is saying it will only sell for $160k, but my mortgage is $218k. He is advising that we do a short sale. The difficulty comes in here: my partner is buyi… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My mother passed away in 2004, leaving a paid-off house with
My mother passed away in 2004, leaving a paid-off house with an incredible lien amount on it, as her Alzheimer's-induced condition left her with not only an inability to maintain her health insurance,… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My grandmother had a will for her trailer and 9/10 acre - left
My grandmother had a will for her trailer and 9/10 acre - left to her husband who died without will - in will it then went to my mother and her brother - brother was executor - never probated will - t… read more
Law Pro
Law Pro
Doctoral Degree
19,000 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