QUESTION
What are my options if I have a buyer for the house, but with no estate executrix the title will be questionable?
Asked on May 17th, 2017 on Estate Planning - Oregon
More details to this question:
My ex-wife passed away last year. In the divorce, I gave her the house. She never removed me from the mortgage as per the divorce. She stopped paying the mortgage and the house is in foreclosure. There is no estate.
9 ANSWERS
Thomas Edward Gates
Because a real property is involved, the estate must be probated. The court will appoint the executor. The executor can sign on the documents for the sale. Keep in mind that the foreclosure will impact your credit score and your ability to borrow money.
Answered on Aug 07th, 2017 at 8:41 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
Since your ex got the house in the divorce, you have no ownership interest and can't sell it.
Answered on Aug 07th, 2017 at 8:41 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
Since you remain responsible for a mortgage on the property despite the direction ion the divorce decree you would be an "interested person" under the probate statute. As an interested person you could open a probate and have an estate representative appointed. You should review your rights and options with a probate attorney.
Answered on Aug 07th, 2017 at 8:41 PM
Estate Planning Attorney serving La Grange, IL
at
Law Office of T. Phillip Boggess
Update Your Profile
You said you weren't removed from the mortgage, were you removed from the deed? If not, you would be the owner. If so, you don?t have much of a choice other than opening a probate estate if you want any control over the process.
Answered on Aug 07th, 2017 at 8:19 AM
If you transferred complete title to the house to her, you have no legal interest or ownership in it. As her ex-spouse, you would not inherit from her estate unless she left a Will naming you are an heir. The foreclosing bank, or whomever makes the highest bid at the foreclosure sale, will get title to the property. ?If you attempt to sell it to someone that would be a fraud.
Answered on Aug 06th, 2017 at 8:35 PM
Probably the easiest thing is to call the mortgage company and see if they'd be willing to work with your buyer. If your name is not on the title to the property, you don't have any authority to sell the house. However, if the mortgage company is still after you to pay what ever is still due and it won't recognize the divorce decree, you might be able to place a lien on the property and force the sale, with the understanding that the proceeds would go to the company. Check with a real estate attorney in your area for specifics.
Answered on Aug 06th, 2017 at 8:34 PM
Unfortunately, you have no options. The fact you're on the mortgage is irreverent to title. Any sale from you would constitute fraud. Unless there is a will/trust the title should pass through probate to the next of kin. If the house has any equity after foreclosure it will pass to that person.
Answered on Aug 06th, 2017 at 8:33 PM
You have to have a person with authority to sell the house. If the house was not in a trust and there was not a joint tenant, then a probate estate will have to be opened. Did she leave a Will? If so, who is named as Personal Representative (executor)? If not, then the Petition for probate can nominate an administrator.
Answered on Aug 06th, 2017 at 8:33 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Title won't be questionable: it won't be good, period. Only the owner of real property can sell the property. If you want to sell the house, you have to probate your ex-wife's estate.
Answered on Aug 06th, 2017 at 8:32 PM