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ForumsArrowTax, Legal Issues, Contracts, Self-Directed IRAArrowGetting House/Loan Put In My name
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Getting House/Loan Put In My name

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  • Posts 43
  • Votes 8

Mike Ojo
Real Estate Professional from Atlanta, GA

posted over 3 years ago

Hi,

This is a bit of a complex issue and I'm asking for a family member. Here is the issue:

My mom inherited a house from her father. She has been living in the house and paying the mortgage for almost 20 years and the entire loan is close to being paid off. The only problem is that the house or loan is currently not in her name. Everything is in her mother's name and unfortunately she has fallen out with her mom for a long time. 

Without having to deal with her mother directly, Is there a legal way to have the title of the property put in her name since she has resided there and paid all of the bills for almost two decades? 

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Brent Coombs
Investor from Cleveland, Ohio

replied over 3 years ago

@Mike Ojo , I doubt it. It's probably the case that your mom didn't inherit the property, but her mom did. [That is, unless you can prove it, in which case, why wasn't the Loan put into your mom's name at the time, instead of her mom's? If it was only to do with age or some other restricting factor, maybe it could now be sorted out with the bank now?] If I'm right, with any luck, once the Loan is paid off, she'll still be able to live there (basically for free), and maybe actually inherit the property at a later date.

But certainly, consulting a Real Estate (or Family Law) Attorney can't hurt. All the best...

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  • Posts 43
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Mike Ojo
Real Estate Professional from Atlanta, GA

replied over 3 years ago

@Brent Coombs Thanks for the response. From what I understand, actually the house was left to her under a "Gift deed" by her grandfather (her mom's father), not her dad sorry. When her grandfather died, everything went to her mom except the house was suppose to be gifted to her under the deed. But because there was still payment left on the house, the gift deed was voided and the property remained in her moms name. This is how it has been explained to me.

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Brent Coombs
Investor from Cleveland, Ohio

replied over 3 years ago
Originally posted by @Mike Ojo :

@Brent Coombs Thanks for the response. From what I understand, actually the house was left to her under a "Gift deed" by her grandfather (her mom's father), not her dad sorry. When her grandfather died, everything went to her mom except the house was suppose to be gifted to her under the deed. But because there was still payment left on the house, the gift deed was voided and the property remained in her moms name. This is how it has been explained to me.

That certainly gives her a good case for the home to be Titled to her upon loan pay-off. It should be worth that consult I mentioned. All the best...

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  • Posts 2.1K
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Carl Fischer
Rental Property Investor from Ambler, PA

replied over 3 years ago

@Mike Ojo

Consider talking to a title company and attorney and look at "quiet title" for the property. I am Not sure you have to wait for the loan to be paid off either. 

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Tom Gimer
from Washington, DC

replied over 3 years ago

@Mike Ojo You need a title company or attorney to do a search and give a title opinion. Deeds don't just get voided. There could be a life estate or other estate planning tactic in play.

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  • Posts 43
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Mike Ojo
Real Estate Professional from Atlanta, GA

replied over 3 years ago

Thank you all for the suggestions.

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