[home430]

My dad was buying a house but by him being sick he couldn't make it to closing, so I went in his place and signed his name and I had to sign mine. My dad has long passed and I have been living in the house and paying the mortgage. I want to know how to go about getting things put in my name.

[excon]

Hello home:

I don't understand how you managed to sign closing documents WITHOUT your father...

Nonetheless, the house belongs to your fathers estate. If your father didn't have a will, the estate needs to be probated.

If that happens, the bank will foreclose... You aren't going to get the mortgage transferred into your name. At best, you're going to have an opportunity to buy the house from the estate.

In my view, you need the help of a real estate attorney.

excon

[Fr_Chuck]

Well first there is the entire issue that the closing may not be legal unless you had a written POA to sign for him.
But that is another issue.

So when he died, you filed a claim in probate court to transfer all his property to the name of the heirs?

Or you leave the estate open and have the estate pay the mortgage till it is paid off and then transfer to heirs

Assumeing you are the heir to get the house, not other family members, also assuming there is not enough money in the estate to pay off the house, you can get your own new loan and pay this off

[ScottGem]

The others make valid points about the title to the property and the closing. Before you do anything about the mortgage, you need to resolve these title issues.

But, once they have been resolved, you will have two choices. First is to contact the lender and see if they will add you to mortgage or assign it to you. Under the circumstances they MAY do that. Or you can obtain financing from another source and use it to pay off the existing mortgage. The one acaveat here is that, if the bank finds out the property has changed hands, they MAY call the loan in which case you will have to obtain financing to pay it off.