Legal Question in Real Estate Law in Pennsylvania

Condolences on your loss.

How was the deed to your brother and his girlfriend titled? If they were joint tenants with right of survival [and that has to be specified in the deed], the home became hers upon his death.

If it was titled as other than joint tenants with right of survival, then his interest goes as directed in his will, if he had one, or according to intestate law. She would still remain the owner of her interest.

If your brother transferred the property to himself and his girlfriend after he got the mortgage, that transfer was probably a violation of the terms of the mortgage, and could result in the lender taking steps to require the mortgage loan to be paid in full, and to foreclose on the property based on default.

If his girlfriend is able to continue to pay the mortgage, she could negotiate with the lender for an "assumption agreement", by which she would assume responsibility for the mortgage balance and payments. If she is able to qualify, she could also refinance the mortgage, paying off the existing one and starting over with the new mortgage in her own name. If she does not have sole title by reason of joint tenants with right of survival ownership, she would not be able to do either of these without the other owner[s] also agreeing and participating.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

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