PDA

View Full Version : Deceased parents equity line of credit


minniemom1920
Apr 22, 2014, 11:26 PM
My parents are deceased now. I didn't have to go through Probate for there home due to me being on Title of house. I received a bill from Beneficial stating that my parents had lien on home, so when I called them they said that anyone can make payment if you don't want home to be taken away. So they would not give me payoff for loan or any information, due to me not being on loan, I also send them there Death Certificate. So now I have one more payment left. Will they need to send me a Release of Collateral Documents or Title Report for property? How does this work if my parents are deceased

joypulv
Apr 23, 2014, 04:08 AM
You need to see the loan papers to see if there was any life insurance (probably not on an equity loan) and the amounts paid and due. If they won't send them, you will have to probate the estate.

You can't find papers in your parents' effects? An equity loan can't be that old.

ScottGem
Apr 23, 2014, 04:41 AM
They should send a release of the lien or statement of satisfaction to your parents last address as well as to the county recorder's office. If you don't get it within 30 days of the final payment, then contact them. And don't let them give you this BS about your not being on the loan. You are the personal representative of your parent's estate and entitled to the information. Now not going through probate is probably why they are claiming you aren't the PR, but you need to check with local laws on what needs to be done to convince them you are.

AK lawyer
Apr 23, 2014, 06:57 AM
They should send a release of the lien or statement of satisfaction to your parents last address as well as to the county recorder's office. If you don't get it within 30 days of the final payment, then contact them. And don't let them give you this BS about your not being on the loan. You are the personal representative of your parent's estate and entitled to the information. Now not going through probate is probably why they are claiming you aren't the PR, but you need to check with local laws on what needs to be done to convince them you are.

As I understand what OP wrote, OP is not the PR (and probate is not necessary), because the property was conveyed to the OP before the parents died. It is possible, I suppose, that Beneficial extended the loan to the parents after the property was transferred to OP. In that case, OP didn't need to finish paying the loan.

However it was apparently conveyed subject to Beneficial's lien. Thus OP can demand a release of the lien, once the final payoff has been made.

ScottGem
Apr 23, 2014, 08:22 AM
True I am assuming that OP is the PR (though maybe not officially), but since the loan was written with the property as collateral, the lien stays with the property, not the ownership.