PDA

View Full Version : Obtaining mortgage.


neecy
Aug 4, 2007, 02:08 PM
If my name is on a quit claim deed with 'rights to survivorship' and the other person on the deed passes away... can I get a mortgage out on that house with just a copy of the death certificate? And if I choose to after.. can I sell the house on a unregistered land contract without letting the mortgage company know of my doings?

tickle
Aug 4, 2007, 02:40 PM
Why would you not want to let the mortgage company know what you are doing ? I can give an honest answer if the question is honest.

Fr_Chuck
Aug 4, 2007, 04:54 PM
You should get a new deed issued, it is easy by providing a death certificate for the person who passed away.

Once you have that new deed on the home, you should be able to get a mortgage assuming your credit is good enough.

Selling it on a land contract will be based on the law of your state, different states have varoius laws on disclosure. Since the land contract does not transfer the deed ( it stays in your name till the land contract is paid) But the buyer on the land contract does build up a equity in the home, so you need to be sure that their payoff will always pay your mortgage, so you can close anytime if they decide to pay you off.

neecy
Aug 4, 2007, 04:58 PM
why would you not want to let the mortgage company know what you are doing ? I can give an honest answer if the question is honest.


Maybe I said it wrong... can you sell the house on land contract without letting the mortgage company know? I guess here in Michigan... don't know about other states.. you can sell a house on land contract between buyer and seller.. and have to file no paper work on it

DianeV Sr Loan Officer
Aug 4, 2007, 08:37 PM
Let me make sure I understand you. You are the owner on a property that currently has no mortgage. Once your ownership is secured, check with an estate atty, you can get a mortgage on the property. That mortgage will encumber the property. It is a recorded lien against the property and if you sell you have to pay the mortgage company in order to give clear title to the buyer. The buyer would be a fool to accept anything less than a full warranty deed. So to answer your second part, no you cannot take the money and run.