Legal Question in Wills and Trusts in New Jersey
estate
My father passed away and left the house to me. He has 2 mortgages on the house. I was wondering if i decide to keep the house could I just change the mortgages to my name without changing the amount needed to pay, since he left it to me and i'm not buying it from him?
3 Answers from Attorneys
Re: estate
you will want to get a lawyer's advice on this. many mortgages have a 'due on sale' provision, which means that the mortgage needs to be paid when the house is sold; this very well could apply to transfer of ownership on death of the owner. there may be some fairly easy ways to step around this, but you need some real advice.
let me know if i can assist you. I am in Hackensack.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you
and this law firm. You can not rely on the statements made by an attorney given over the internet. The
exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: estate
The banks will probably not allow the estate to assign the mortgages to you. In that case, if you want to keep the house, you can either pay off the mortgages or you can re-finance (pay them off and have a new mortgage).
Re: estate
The will needs to be probated. You need to transfer the Deed to your name.Also, you will probably have to refinance the mortgages, maybe with the same bank. If you want to wait a while, you probably could do it as long as six months from now as long as you continue to pay the mortgages. You should definitely get some legal advice. If our firm can be of help, please call us. We are very close to you. Good Luck.
Related Questions & Answers
-
Wills how can i find out if my dad has left a will Asked 3/21/07, 4:34 pm in United States New Jersey Probate, Trusts, Wills & Estates