Legal Question in Wills and Trusts in North Carolina

trying to mortgage inherited property

My husband and I are trying to take out a mortgage loan on a house that he inherited from his grandfather. The titling department is having trouble because the property has never been deeded in our name and apparently the probate is not quite finalized. It is waiting on the canceled distribution checks. The lawyer that my mother-in-law hired did not do a deed for us but my husband signed a paper stating he had received all that he was entitled to. I sent in all these documents to the mortgage company but they are still requesting a deed in our name to process the title for the loan. Do we have to have the property deeded in our name even though we were told by our clerk of court the will stood as our deed? Are we going to have to go thru a lawyer and have this done before we can borrow money against the house? We have already filed the necessary documents in the property tax office and all that has been put in our names. Should the lawyer have done that deed already? Or are we waiting on the probate to be finalized then someone at the clerk of court will draw up the deed? Help!!!


Asked on 9/10/07, 10:36 pm

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Re: trying to mortgage inherited property

Nobody at the Clerk of Court will be drawing up a deed for you.

I would recommend hiring a competent lawyer to represent you at the closing in the first place and then he or she can deal with your Lender. It is not a good idea to close without an attorney.

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Answered on 9/11/07, 7:47 am


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