Foreclosure in 44140>Question Details

Sanfran, Home Owner in 44140

My name is on mortgage not deed. Brother has died, What am I responsible for? He and wife did a quit claim back in 2007. I have been paying mortgage

Asked by Sanfran, 44140 Sun Jan 22, 2012

Back in 2007 my brother needed help and we went half on mortgage payments. My name and my wife are on mortgage, not deed. Unknown to us at that time my brother and his wife did a quit claim deed. The bank said the house is in a dead man's name, and we don't have any responsibility. Can this be true? I've recently lost my job and can no longer pay mortgage. My brother died in 2009 and we've been paying the mortgage payment. The house is underwater. What are we responsible for legally? Thank you. House is in Ohio

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Wow. In your present situation, I would think you not only need to consult an attorney, but one who specializes in probate and real estate. There is a very good one local to you in Bay Village, his name is Robert Frye. He is people friendly and I know he would be able to provide some great counsel.
0 votes Thank Flag Link Tue Jan 24, 2012
As Tim said you should talk to a real estate attorney ASAP.
0 votes Thank Flag Link Sun Jan 22, 2012
Yes, you are in a bad way. Being on the deed makes the house part yours, being on the mortgage just means you have to make the payments. You need to seek legal advice ASAP and maybe get lucky since you have no legal claim to the house without being on the deed.
0 votes Thank Flag Link Sun Jan 22, 2012
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