Q: There was a quit claim filed and the property is currently recorded with the county only in the living borrowers name
I bought a home with a co borrower we shared title jointly. The co borrower is now deceased but there name is still on the liens to the property. Now I want to sell the home can I sell the home with my signature and the death certificate or do I have to remove their name from the liens?
A: The answer depends on how the co-ownership is recorded. If it is tenants in common, the decease's interest survives death and is inherited; for joint tenants, the interest terminates at death. Check with the county where the deed in recorded to find out if a JT or TIC exists. If the right survives death (or it is unclear), you MUST probate the estate/contact heirs before the interest is extinguished (consent will be required). I highly recommend that you contact a real estate lawyer to review your specific situation. As for lending documents, check with the lender but most lenders continue to hold both parties (or the estate of a deceased) liable for secured property debts [some loans even mature/accelerate at death].
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
