Q: Can a mortgage company require the sale of a property go through PROBATE court when there is a legal Quick Claim Deed ?

A: Is the mortgage a reverse mortgage? If so if the heirs don't have the ability to pay the mortgage balance in full the property has to be sold to satisfy the mortgage. Trying to change the title will not prevent this.

A: The mortgage lender does not dictate if property must go through probate. If a quit claim deed was signed by the decedent before the decedent died and the deed was valid then probate would not be necessary. You would need to elaborate more on what’s going on with this matter for us to give you a clearer path.

A: You really need to review the deed and the probate circumstances and needs. If a valid quitclaim deed or similar deed (enhanced life estate deed) was drafted that transfers ownership, then no probate may be needed. If the property was a Homestead property then there are substantial additional protections and rights attached to the property that may need to be addressed through a probate or related filing (petition to determine homestead property). Furthermore, if a mortgage exists and the property is homestead, the family may be able to just take over the mortgage. Also, if a quitclaim deed was made, it is possible for the mortgage company to call the loan due as result of ownership change. You are looking at a lot of variables and there are many others as well. Just for example, spousal rights and rights of children related to Homestead property or spousal rights and claims related to probate (look up spousal rights in probate and homestead rights just for starters).