QUESTION

my mother passed away and left the house to me i have been on the title to the house since the begining and the mortgage company won't speak with me.

Asked on Jan 23rd, 2013 on Real Estate - Maryland
More details to this question:
I have owned the house since we purchased it along with my mother. She recently passed away and i was left the house fully. The mortgage was in her name only now my question is this when we initially purchased the home i had to sign paperwork and then once again when it was refinanced with clauses in it for me to take over payments and to talk to the mortgage company. PNC bank bought the mortgage from the company we refinanced with and no additional paperwork was ever filed or signed. My problem is this PNC will not talk to me in regards to this mortgage because i am not the head of the estate nor do they have me listed on any of their paperwork which is because we never filed any with them.
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1 ANSWER

Business Litigation Attorney serving Bethesda, MD
2 Awards
Your question about the mortgage company refusing to speak to you when you are on the title raises a number of important issues that may be of broad general interest to readers of this site. I have been representing clients on both sides of real estate issues in Maryland and D.C. for over 20 years. You indicate you have been on the title since it was purchased. I am assuming that means that you  are listed on the deed for the property and that the deed has been recorded in the land records of the county where the property is located. If so, any lender and any other third party interested in the property has what is called “record notice” of all ownership interests properly listed in the land records. You indicate that the mortgage was in your mother’s name only. The lender who did that mortgage may have made an error. One of the problems of the real estate “bust” was that some lenders did not adequately research who was on the title in the land records when they issued loans. Some lenders sometimes did not require that every owner on every title. That means sometimes the lender’s lien on a piece of real property that is supposed to secure their loan is at risk of being found not to actually give them a lien on that property because they failed to get every owner to sign. Sometimes, the imperfect lien gives the lender at least a lien on the part of the property owned by the person(s) signing the mortgage. You indicate that you are not the estate’s personal representative. The Personal Representative (PR) may need to look into the validity of the mortgage transferred to the current loan holder. Under estate law, different parts of the estate may need to go to pay different claims. Commonly, a real property loan is established with a promissory note and a lien on property. If there is no lien on the property, the personal obligation on the promissory note would likely remain. The PR might then have to use different assets from the estate to pay a strictly person debt owed to the current holder of the promissory note. The lender’s counsel would likely speak with counsel for you once it was understood you were on the deed. Of course, other factors can also intervene that would alter the above. This response is not intended to address all possible issues. This is at best a general overview. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation. This web site and the responses herein, including this response,  are designed for general information only. The information presented at this site should not be construed to be  and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Jan 26th, 2013 at 9:26 AM

This web site and the responses herein, including this response, are designed for general information only. There is no attorney/client relationship.

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