Q: Do I need a probate judge because the mortgage company will not recognize a quit claim deed
My father died without a will. Me and my two sisters signed the house over to my oldest sister and brother-in- law with a quit claim deed. The courthouse here in Greenfield Mass, says this deed is legal and he doesn't need a deed signed by a lawyer. My brother-in-law has payed the the taxes on the house and the mortgage payment for the last two years. He can't refinance because the mortgage company will not accept a quitclaim deed as legal. What should he do? Thank You.
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A: If the lender does not want to refinance, that is their choice. Owner might try another lender to refinance. The deed may have violated the due on sale clause which could start foreclosure.
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A: If the lender does not want to refinance, that is their choice. Owner might try another lender to refinance. The deed may have violated the due on sale clause which could start foreclosure. You might hire an attorney to draft a correction deed and record it.
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