QUESTION

What do I need to do to get the mortgage company to release the escrow funds to me

Asked on May 08th, 2022 on Wills and Probate - Texas
More details to this question:
In 2018 my brother and I went to the Tarrant county courthouse and he filed a transfer on death deed. He was the sole owner of the home we've lived in for almost 9 years. He passed in February 2021. My husband and I just refied and got the home put in our name. The previous mortgage company won't release the escrow funds without a Will. How can I get the funds, there wasn't any will.
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1 ANSWER

Estate Planning Attorney serving Addison, TX at Dallas Estate Attorney
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There are two different transactions here.  The TODD if properly done, transferred title to you upon the death of your brother.  HOWEVER, that deed has absolutely nothing to do with the debt on the property which the mortgage company holds.  If that debt has been paid off and the mortgage company is holding escrow funds, the only way to get that money since your brother did not have a will depends on the amount of money in escrow.  If under $75,000 then a SEA might (I repeat MIGHT).  There are varying results with this short cut method.  The only sure way is to file an application for a determination of heirship in the county in which your brother passed.  If you are his only heir, in othe words, no living parents and no other siblings, then at the end of the day, you would be declared the only heir and the mortgage company would or should take the court order as proof as you are entitled to the escrow.     I would point out in an abundance of caution, if the note of the property is not paid off, you should start paying it because the mortgage company doesn't care about the TODD.  They hold the first lien and will foreclose if not paid.   Hire a lawyer.,
Answered on May 09th, 2022 at 10:17 AM

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