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Refinance/Probate issues

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What is the name of your state? Virginia
My mother passed away last month and she didn't have a will. I am trying to acquire the property. My brother and I are the only Heir's to the estate and he is waiving his rights to the property. Since I lived with my mother, The mortgage company is allowing me to refinance the home. They have encountered a problem where they say that because I was not on title and all the payments were made by my mother, I don't have enough vesting to acquire the home. They said the title company won't process the title because the home has to go through probate. Is there any way around this? The house was appraised for $155,000 and my Mother only owed $3,500 to pay it off. I was going to take out a mortgage of $40,000, to pay her debt and fix up the house. What are my options if any?

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