M
MinaFreed
Guest
Massachusetts - my ex-husband never took my name off the mortgage loan after we divorced, but I signed a quitclaim deed the day of the divorce. He passed away recently. The mortgage company never received a copy of the quitclaim deed, but has the original title of ownership deed with both our names on it when we originally financed the mortgage. Mortgage company says I can assume the mortgage and I am still the rightful owner of the house. My ex's family says not true..they have put the house into probate, and are refusing my offer to assume the mortgage and transfer the deed back to me. There is no equity on the property since the house is heavily mortgaged, and I just want the house back. Our original will was never changed either, and still lists me as inheritor to the estate..but I am told my part in the will is now invalid because I am divorced. The mortgage company says they can force the house out of probate, foreclose on it and then transfer the deed over to me so that I can make mortgage payments on the house. They tell me I am allowed to enter the home and property right now. I do have an attorney but he is out of town at the moment.
My question is...as long as my name is still on the mortgage, and the mortgage company has no quitclaim in their possession (just the original deed that my ex and I signed) am I the owner of the home, and can I enter it without getting hassled by my ex's family? thanks for any insight.
My question is...as long as my name is still on the mortgage, and the mortgage company has no quitclaim in their possession (just the original deed that my ex and I signed) am I the owner of the home, and can I enter it without getting hassled by my ex's family? thanks for any insight.