Legal Question in Real Estate Law in Maryland
My father passed away 6 yrs. ago and my name is on the deed. I have been paying the mortgage eversince. can I refinance the house under my name?
2 Answers from Attorneys
It depends upon how the property was Titles.
Joint tenants or tenants in common.
Do you have a copy of the deed?
If you and your father were named as joint tenants on the most recent deed, you are now the sole owner of the property and are free to do whatever you want with it. If there were other names on the deed as owners, they would have a say in what you do. If you and your father were named as tenants in common, his interest should have gone through probate and transferred to his beneficiaries if he had a Last Will and Testament, or if not, to family members according to MD law. If you provide me with your full name and address I can access the deed and give you a more definite answer.