title problem

[psymd]

i own a house in georgia on which I am trying to get a loan.
the company making the loan is in florida but the title attorney
is in georgia. The problem is that my mother's name is still on
the title, even though she died 10 years ago. the reason for this
is a long boring story. i have a petition in the probate court
to take care of this already. in the meantime, need the loan now.
the lender says that the law in florida states that a death
certificate is needed to get a loan in this situation,however
he has never dealt with a loan in georgia like this before. The
title attorney says different things at different times.
i need to know what the law in Georgis says about this kind of
situation. can I get the loan with a death certificate or do I
need the probate court order for "no administration necessary"?
carol conlan [email protected]

 

[HomeGuru]

You must do as the lender requests or prove that the lender is wrong.

 

[Jack Mevorach, Esq.]

To borrow money and use real property as the collateral, lenders require that the property owner execute certain documents. The problem you are experiencing is that your mother, although deceased, is still the owner. Actually, her estate is the owner. Either her estate (the executor, usually) must execute the documents or the property ownership must be transferred to someone else, through the court. Then, the new owner can sign the necessary documents.

 

[psymd]

This is an addendum from the person who posted the question.
Judging by the reply of Mr Mevorach,esq, I did not make myself clear. I DO own the property. My mother and I bought it jointly in 1982. She died in 1990. She thought the deed was worded so that I would automatically inherit her share, but that proved not to be the case. Thank you for your reply anyway.

 

[HomeGuru]

Jack's response was totally correct.