Legal Question in Real Estate Law in Kansas
Mortgage
My husband died 9 years ago. He had no will, so I hire a probate attorney to handle the estate. A probate judge made me the executor of my late husband's estate. The problem is this, my husband and his ex-wife owned the home that I live in currently, my name was not on the house. His ex signed a qut claim deed which was worded in a manner that did not give me the right to ownership of the home. I have since that time refinanced the house three times with the same mortgage company. As it has turned out I was not legally the owner of the home because the estate was never closed, I didn't know this until about a month ago when my new mortgage company informed me that the title was never cleared and put into my name. It appears that the original mortgage company knew this. They had to do three title searches with three different title companies to get a clear title. Plus the original mortgage company told me that my monthly payment was lower than what it actually is and I requested a fixed loan each time but they insisted that I take an ARM for a better rate. Is this legal???
1 Answer from Attorneys
Re: Mortgage
You may yet be able to finish your late husband's estate. Unless you limited the scope of representation, the attorney you hired should have completed this. Contact that attorney and ask her why the estate is still opened, and the house has not been passed through the estate.
As to the interest rate, you need to look at the loan documents. When you issue a mortgage, you are negotiating for a contract. Neither sie is oblgated to accept a fixed ro variable interest rate. But, the interest must be clearing delineated in the documents.
Good Luck
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