• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Cosigned a loan, it needs to go probate?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Gwenwhyfair

Junior Member
What is the name of your state (only U.S. law)? Georgia.


My mother deeded a property to me in 1999, base fee deed. She retained rights to use or sell the property.

Two years ago she opened a line of credit and used the property as collateral.

I cosigned the loan and signed a hypothecation agreement.

My mother passed away in March.

I went to the bank to obtain a payoff amount. The branch manager told me it (the debt I assume) must go through probate and he refused to give me even a payoff amount. I know, based on the last statement the balance of the loan is less then $600.00.

Could that be possible, that a loan I co-signed using property that own as collateral for such a small amount must go through probate?

Thank you in advance for your help and thoughts!
 


Gwenwhyfair

Junior Member
Have you gone above the branch manager's head?
Not yet, I'm trying to determine if he in fact has a leg to stand on. I'd like to have some ammo before escalating if possible.

I have researched GA Probate site and other law sites, with no luck.

It seems too ridiculous to be true, especially for such a small balance!
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top