Q: How do I transfer title on property with an outstanding mortgage?
My brother passed away in Maricopa County Arizona without a will. I have been appointed personal representative and need to transfer the property to heirs (my brother and me) but there is an outstanding mortgage. To get new mortgage in heirs name so I can pay off old one, I was told I need to be able to transfer title at the time of getting the mortgage. Can you provide any clarity on the process? Does mortgage need to be paid first?
A: If the property is in Arizona you need to talk to an Arizona lawyer. Generally in NJ to transfer a property you need to payoff the mortgage.
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