Legal Question in Wills and Trusts in California
Deed of trust vs mortage
I gave up the house when I divorced by signing a deed of trust. My name still appears on the mortgage. My ex died recently but my name never got taken off the mortgage title and did not leave a will. What rights do I have?
1 Answer from Attorneys
Re: Deed of trust vs mortage
Probably none. You gave up your legal title but the lender kept you on the loan so that it would have two people to go after for payment instead of one [a little as if you had co-signed on a loan, as you just have an obligation to pay and no ownership rights]. Her assets will pass according to the probate law; first to any husband she had at time of death, then to her children, her parents, etc., You ended with the divorce any legal connection you had with her.
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