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    beaudette's Avatar
    beaudette Posts: 1, Reputation: 1
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    #1

    Jul 1, 2010, 05:00 PM
    My Aunt gave me her house. Will I own it out right.
    My Aunt died from cancer, but before she did, we did a quitclaim and put me on the deed. I am not on the mortgage but I am paying it. When the mortgage is paid off do I own the home out right.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jul 1, 2010, 05:33 PM
    When you were added to the deed, did the deed say her name and your name as "joint tenants with right of survivorship (or JTWROS)"? If so then you will be the only owner of the home.

    If the deed doesn't say that then her share of the ownership of the house became part of her estate when she died and passes to her heirs.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 1, 2010, 06:34 PM

    Part of the issue is that you may not have been allowed to merely "deed" it to you without her on the deed unless the lender allowed it. ( normally no) , If there was a new deed with Joint ownership, then yes you should.

    You need to take this all to a local real estate attorney, next would you be able to get your own mortgage to pay off the current one ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 1, 2010, 07:11 PM

    Almost all mortgages have a due on sale clause, that allows the lender to call the mortgage if the property changes hands. That's why your should have gotten the lender's approval for the change. However, due on sale clauses are rarely enforced.

    The answer to whether you will own the property when the mortgage is paid off depends on how the quit claim deed was worded.

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