What can I do if I can't negotiate with the mortgage company?

Full question:

I have quitclaim deed by way of joint tenancy, with rights to survivorship. The mortgage is not in my name. I want to pay-off, negotiate, or sell the property however, I am not the personal representative for the deceased mortgagor, so the mortgage company will not talk with me. Basically, I own the deceased interest in the property and am being prevented from obtaining it. What are my options?

  • Category: Real Property
  • Subcategory: Mortgage Satisfaction
  • Date:
  • State: Arkansas

Answer:

To address this issue, consider sending the mortgage company a certified copy of the quitclaim deed and a certified copy of the deceased joint owner's death certificate. This may help establish your ownership interest and facilitate communication with the mortgage company.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

No, a quitclaim deed does not remove someone from a mortgage. It transfers ownership rights of the property but does not affect the mortgage obligation. The mortgage remains with the original borrower unless they refinance or pay off the loan.