As my other colleagues have indicated - you need an estate attorney. I don't recommend that you go looking in the phone book. If you can get absolutely no names or recommendations from people you trust, then I would call a hospice or two in your area and ask if they can recommend an estate attorney.
Do you have any of the original paperwork he signed at the closing??? What does it say???
Unless they were not married at the time he purchased the asset, she HAD to sign paperwork acknowledging the marriage at closing even if she's not on the loan. The title company would require it. The lender knows about her if they were married when he bought the property. If they were not married at the time of the closing, got married later and he then quit claimed the deed to her there are larger issues.
Is there a will? Most properties (even if it's only through probate statutes) and loan arrangements take into consideration the passing of assets at the time of death and how they are to be handled. Again, where is the closing paperwork? What does it say?
If you can't find it, try to call the title company who closed the transaction and ask for their copies of the papers - if you can't find the title company, go down to the property appraiserâ€™s office or the clerk of the court and look up property and the documents - the title company name is on the title insurance policy. Find them, get a copy of the loan paperwork. If you have to you can try to resource the notary who signed the papers and get them to help you get some of the papers. The lender will send you copies if you tell them you can't find yours but they will charge you - by the page.
If the deed and mortgage are in one person's name and just before he dies he moves the ownership into another person's name who is not on the loan... you can see why a lender would have an issue with this. Will it be a problem? Possibly not but you must have the paperwork to know for sure.
Before you contact the lender or an attorney collect the loan paperwork and title paperwork on his purchase first. A probate attorney can only do so much, they have to know what was agreed to by the deceased and what clauses go into affect at the time of death and the marital status of the deceased at the time they took ownership of the property.
Don't expect to find any clauses in the lending paperwork that allow you to transfer the property to anyone you want with blanket agreements to accept them as a borrower. But there may be clauses that actually require the decendants to take over the loan obligations on the property and if this is the case, then you could make a name change quickly, painlessly and since (I'm assuming) you've been making the payments on the property all this time, this could be a seamless process for you. However, you must know what was agreed to by your uncle and what the lender says happens to the debt if he passes. There could be a loan call paragraph there and it could create an issues for you. You just need to know.
Once you've collected this paperwork (and do it quickly, 8 months have already passed) then schedule the meeting with the attorney and find out where your risks are. Then let the attorney advise you of the next step.
Hope this helps, good luck!