Legal Question in Real Estate Law in Texas
My mom recently pass; my dad passed four years earlier. I'm the only child. I have been making the mortgage payment on her home until i can clear it out. There is no will. I would like to keep the house and rent it out. How do i get the mortgage in my name.
2 Answers from Attorneys
You can file an affidavit of heirship which gives notice of your interest - assuming that your parents have no other children outside of the marriage. The lender is required to allow heirs to continue to pay the loan and no adjustment to a new borrower is required. As a courtest, you may want to send the copy of the affidavit of heirship to them once it is recorded. Sorry for your loss.
Did your mother have any debts aside from the mortgage? Or any other property? There are some fairly simple and inexpensive procedures that you can do, but they depend on the facts of the estate (ie other debts and assets.) Also, who owned the house? Mother? Father? Or both? Did either Mother or Father have other children? Are there any step children? And is the property in Texas?
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