Legal Question in Wills and Trusts in Illinois
Relese of mortgage
My father died with out a will, i am his only living heir , the finance company will not relese the deed to the house , they stated i needed a attorney , can i do this with out one ?
3 Answers from Attorneys
Re: Relese of mortgage
The mortgage company has no right to hold a deed. Something is missing in your question.
In illinois you are given title when you buy the house. The mortgage is a lien on the house. A release should be issued with with full payment whether or not your dad is alive.
In fact, the mortgage states the the whole mortgage will come due upon your dad's death.
You need to find out esactly what the finance comapny needs and then I can be more helpful
email me if you have any quesitons.
Re: Relese of mortgage
The answer is: you can.
However, it would probably benefit you to seek out the advice of a probate attorney who can handle the transaction for you. It will take much longer to handle it yourself (and cause much greater frustration).
Good luck to you.
Re: Relese of mortgage
You may be able to provide the
finance company with
an affidavit of heirship
with the death certificate.
If that does not work, please
feel free to contact me.
Scott Blumenshine