Legal Question in Wills and Trusts in Georgia
divorce decree giving sole survivorship of house
Hello, My friend is divorced,in the decree the house is stated to remain owned by both parties,with the ''right of survivorship''. Her exhusband died recently,and the Deed was transfered into her name alone. She wants to refinance,but we found out that her exhusband borrowed money and a Deed to secure was filed on the property. Does the Divorce decree, and his death, make the lien invalid?
2 Answers from Attorneys
Re: divorce decree giving sole survivorship of house
I think the lien is valid, but I wonder how the lender could secure the loan without her consent. Usually, you need all the owners to consent and sign the security deed.
Re: divorce decree giving sole survivorship of house
Nope. Sounds like the Lender has a good deed to secure debt on the property. What she has is a claim against her ex-husband's estate in the same manner that she would have had were he alive. HCW
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
