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So, Dad Died .. My brother has a mortgage that was co signed by Mom and Dad, My Mom lives in florida a, house and car all paid for. My bother is going thru foreclosure. In my mom and dads will all assets will be divided between my sister and I.. But will my moms house have a lien and can I or should i get the house my mom lives in out of her name ?
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Very confusing facts. First you say mom signed a mortgage but you go on to say that the house is paid off. I can only guess you are mistaken or that the mortgage Mom signed is not on Mom's house but other property. However, if the mortgage is on mom's house and it has been paid off, then your brother is required to file a release of mortgage. Note, if there is money owed and there is a valid mortgage, having mom deed the property to someone else will not remove the lien of the mortgage.
You should contact an attorney to discuss.
Answered on Dec 30th, 2013 at 3:31 PM