Ocala, FL asked in Real Estate Law for Florida

Q: How can I get the mortgage to my home under my name (for tax reasons)?

My husband passed 3 yrs ago. The deed to the house is in both our names, but he had refinanced the home under his name only. The mortgage company claims the mortgage is not assumable. Probate is not a concern.

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1 Lawyer Answer
Richard Paul Zaretsky
Richard Paul Zaretsky
  • West Palm Beach, FL
  • Licensed in Florida

A: Is the mortgage signed by you - and you did not sign the promissory note?

If that is the case then performing under the mortgage includes performing under the note.

If the home was your marital residence and you were married at the time of the mortgage initiation, then I bet you signed (joined in) on the mortgage. Additionally, the obligation of your husband was de facto assumed by yourself when he passed.

Be sure that a death certificate for your husband is filed in the public records to complete legally the transfer of the property to yourself.

And certainly see an attorney to understand anything else you should have done that you did not know you had to do or should do.

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