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I co=, I am on the Deed with a woman on a house. The

Customer Question
I am on the...

I am on the Deed with a woman on a house. The mortgage is in her name because my credit was not good. She just died. Can I continue to pay the mortgage and not have to sell the house?

Lawyer's Assistant: Where is the house located?

None. However, the house is in litigation. The court was to

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

Sun City, AZ.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/23/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I am an Arizona licensed Attorney licensed Attorney and it will be my pleasure to assist you. Can you tell me how you hold title? Are you joint tenants with right's of survivorship?

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Customer reply replied 4 months ago
Joint Tenants Right of Survivorship.
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Perfect. I am not sure why the house is in litigation. That could be an issue for the lender. As a general rule provided the mortgage is paid the lender does not generally take any action.

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Customer reply replied 4 months ago
I need to find out what is the mortgage company holding the note. I just found out she died and don't know if the mortgage is
current. If the mortgage isn't current, can I bring it current and continue to pay on the note without re-qualifying?
I have a Cert. Copy of the Deed. If I take her name off the Deed with me as the owner, do I need to notify the mortgage co. and
just keep paying. How do I find out the current mortgage co? I know who was the 1st co, not sure if the note was sold to another company.
Customer reply replied 4 months ago
Also, the evil sister of my co-owner is probably mad she doesn't own the house. If she comes up with a Will out of the blue,
which prevails...the Deed or a Will?
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

They are unlikely to provide that to you unless you are the personal representative for her estate.

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Customer reply replied 4 months ago
Aren't I the personal rep of the estate, if I co-own the house? If there were no children, then the only estate is the house and
I am the co-owner.
Customer reply replied 4 months ago
How can I pay the mortgage unless I know what company to pay the mortgage to?
Customer reply replied 4 months ago
If I want to sell the house, I also have to know who to send the payoff to?
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

"Aren't I the personal rep of the estate, if I co-own the house? If there were no children, then the only estate is the house and I am the co-owner." The estate is filed in probate court in the county that the borrower resided in at the time of her passing. You own the real estate but you are not on the loan.

It does not matter that you co-own the real property as far as the lender is concerned. They will only provide information to the representative of her estate or an Attorney.

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

You can file in the county and obtain the necessary paperwork.

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Customer reply replied 4 months ago
Give me your name and number and I will call you later.
Customer reply replied 4 months ago
What is your hourly rate? Or, can you give me a set price to handle this?
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Pursuant to the terms of service of the site the Attorneys cannot create an Attorney/Client relationship with the customers on the site. I can provide a link for Attorneys in your area that provide FREE consultations.

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Customer reply replied 4 months ago
Where would I file with the county? Which department? Please connect me with the free link.
Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Did she reside in Sun City at the time of her passing?

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Maricopa County is the jurisdiction for probate.

This is a link for FREE consultation Attorneys in Sun City. Please give me a few moments to provide information on the probate process for you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago
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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Can you verify that there is no will that you are aware of?

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 4 months ago

Do you have any additional questions for me?

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