Home Selling in Fort Worth>Question Details

Denjon105, Home Seller in Fort Worth, TX

My wife passed away in Jan 2011 and her name still shows on the mortgage. How do I remove it? I am planning on getting married and want to sell the ho

Asked by Denjon105, Fort Worth, TX Sun Feb 12, 2012

My wife passed away in Jan 2011 and I plan to sell my house. I have been told I need to get a "Quit claim deed", is this true? Can I sell the home without it?

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13
Rick D’s answer
To Denjon105:

You need legal advice that a Real Estate Agent or mortgage broker can't give you. (Wrong website!)
People who live in another state have no idea what the law in Texas says! Don't listen to anything about any quit claim deed. Besides, a deceased person can't do anything.

If you wish to sell the property, contact me and I will guide you through the process. It is complicated. I have 32 years of experience in this business and I know a GOOD real estate attorney who can assist you with the legal matters. Once those issues are cleared up, then you can proceed to get real estate advice and sell the house.

Be sure you probate the will. I have handled a very complicated case where the person thought they would just save the cost of an attorney, and now it is a real mess. You need to pay to do it the right way.

The nature of your question shows you need to get some good advice and be sure to do it the right way. This will save you a lot of money and heartache in the future.

Good luck!

Rick DeVoss

---The Michael Group

817-300-6121

rickdevoss@realtor.com

IGNITE ...we light up the world...

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1 vote Thank Flag Link Sun Feb 12, 2012
A title company will assist you with that at closing. You should be a ble to go ahead and put int on the market.
1 vote Thank Flag Link Sun Feb 12, 2012
You may talk to a lawyer because this is about law so you need a advice from a professional.
0 votes Thank Flag Link Mon Apr 2, 2012
contact your probate attorney, certainly NOT a realtor
0 votes Thank Flag Link Mon Feb 13, 2012
Sorry about your loss. I agree with Justin, but you could still contact your mortgage company and ask them to remove her, most will do so when you provide them a copy of the death certificate.
0 votes Thank Flag Link Mon Feb 13, 2012
Take Ricks Advice below... get an Attorney who can answer all your questions & tell you what you need to do.
0 votes Thank Flag Link Mon Feb 13, 2012
No, there is no way a deceased party can provide a quit claim or any other type of deed, and a deed has nothing to do with your mortgage. You can't remove a party's name from a mortgage, nor does it sound like you need to do so since you have evidence that your spouse is deceased and therefore can no longer be liable to the mortgage company...you will be the only party obligated to such. You state you plan to sell but haven't said if there was a will nor not, so no one here can answer with any certainty how you should proceed. You should seek the advice of counsel prior to moving forward with a sale so you don't commit yourself to a sale contract which you may not be able to immediately honor.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Sun Feb 12, 2012
Recommend to speak direct with your mortgage and title companies What the requirements will be

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
972-699-9111
http://www.lynn911.com
0 votes Thank Flag Link Sun Feb 12, 2012
Never ever use a quit claim deed.
This will need to be resolved with a family attorney.
Her name will come off the mortgage when you pay it off.
What you are concerned about is the deed.
you will need to probate her will or if there was no will, have a family attorney handle her estate for you.

If you need a great referral to a family attorney in Tarrant County please let m
0 votes Thank Flag Link Sun Feb 12, 2012
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Denjon,

It's about the paper trail. Each state is different but one quick call to a local title company will answer your question. Most likely all you need is a copy of the death certificate.

Ellen Crusoe
0 votes Thank Flag Link Sun Feb 12, 2012
A quit claim is to remove a name from the deed, not the mortgage. Your attorney will be able to take care of the issue for you.
0 votes Thank Flag Link Sun Feb 12, 2012
Have your Realtor check with the Title Co. Lawyer. They will walk you through the process.
0 votes Thank Flag Link Sun Feb 12, 2012
You need to probate her will so that the title company has a clear title for the buyer.
0 votes Thank Flag Link Sun Feb 12, 2012
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