Legal Question in Wills and Trusts in New York
Mortgaged property
The probate of my husbands will is about finished, I live in the property that was mortgaged in his name only, I have paid the mortgage since his death, the mortgage is in ''the estate of''. My name was not on the mortgage, it was willed to me. How do I get the mortgage in my name?
Asked on 5/23/01, 12:30 pm
2 Answers from Attorneys
Re: Mortgaged property
You may contact the bank directly with regard
to their requirements to refinance in your
name only
However, in these situations, it is normal
for the property to be transferred subject
to the mortgage, and the bank does
nothing as long as it gets its monthly
payments.
Ask the attorney who probated
Answered on 6/22/01, 10:46 pm
Amy L. Finch, 845-362-0387
Amy L. Finch, Attorney and Counselor at Law
Re: Mortgaged property
You should apply for a new mortgage on the home.
Answered on 6/25/01, 9:02 am
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