QUESTION

GRAMMOTHER WANTS TO TAKE HER NAME OFF AND PUT MY NAME ON AND ASSUME THE LOAN

Asked on Nov 11th, 2014 on Real Estate - Pennsylvania
More details to this question:
WHAT IS THE EASIEST WAY WE CAN ASSUME THE LOAN AND CHANGE NAMES AND MOVE IN WITHIN A MONTH CAUSE SHE IS BASICALLY ON HER DEATH BED
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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I'm sorry to hear that your grandmother is about to pass on.  I've been there with my own grandmother and I know how upsetting of a time that can be.  You have two entirely different issues here and maybe another you don't realize. I'll address all three. Deed:  You can transfer ownership of the property.  If your grandmother cannot sign the deed or does not have the cognitive capacity to understand what she's signing, then someone who has a power of attorney for her can transfer the property for her provided that the power of attorney form gives them the ability to do that.  If she can't sign and there is no power of attorney, you'd need to have a guardian appointed by the court -- an expensive and time consuming process.  Inheritance Tax:  If your grandmother passes away within a year of transferring the house, the value of the house will still be subject to inheritance tax (4.5% - 15%).  If the tax is not paid, it will be a cloud on the title to the property until paid.  That's a trap for the unwary.  Loan:  If the property transferred is subject to a mortgage, the transferee of the property takes it subject to the mortgage.  That means if the loan is not paid, the lender/mortgagee can foreclose on the property and have it sold in order to pay off the loan.  You may or may not want to assume the loan.  Generally with any bank, it is extremely unlikely that you can simply "assume" your grandmother's obligations under the loan.  You'd probably need to obtain a new loan and pay off the existing one.  If you continue paying the loan (in your grandmother's name) without doing anything, I would bet the bank just accepts the payments without skipping a beat.  I can't promise that and best practice would dictate a refinance or replacement of the loan.  Hopefully that answers some of your questions. 
Answered on Nov 12th, 2014 at 11:02 AM

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