Warranty deed, Is that the guaranteed transfer of title in the event of a death?

Asked by m.bryant1221, 85306 Sun Nov 17, 2013

My father passed away in Feb., he told me that there was insurance through the mortgage company that in the event of his death the house would automatically be transferred into my mom's name and paid off. The insurance company would not accept the claim from my mother saying she was an unauthorized user on the account so we paid an attorney a lot of money for a letter of representation and now the house is up for forclosure, the sale company told us there was a warranty deed in my mothers name and that the mortgage company should have been talking to her this whole time. Does that warranty deed mean the house shouldn't be forclosed on and that she doesn't have to pay anything?

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Jennie Miller…, Agent, Phoenix, AZ
Mon Nov 18, 2013
This is a pretty in depth scenario and you will have to be very persistent in following up with the lender and attorney that you are working with.
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Jeff Schneid…, Agent, Phoenix, AZ
Mon Nov 18, 2013
Hi m.bryant1221,

Sounds like you have a complicated situation, one that is too complicated to get an answer from a real estate site. You may want to contact a real estate attorney so you get the proper advice.

Here is the definition of a Warranty Deed: http://en.wikipedia.org/wiki/Warranty_deed
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