3 replies to this topic

[colenika]

My mother (an only child) was put on the deed of my grandparents house years ago. they passed away 3 years ago. my mother has been paying on a interest only loan for the mortage. when she contacts the bank to get info so she can refinance it, they tell her she is not on the loan and refuse to give her any info. she's on the title as a owner but didn't sign on the loan. The loan company tried to get her to sign new papers but she did not since they say they won't even turn over the title if we pay it off. how can she get the loan in her name? This is in california.

[adjusterjack]

My mother (an only child) was put on the deed of my grandparents house years ago. they passed away 3 years ago. my mother has been paying on a interest only loan for the mortage. when she contacts the bank to get info so she can refinance it, they tell her she is not on the loan and refuse to give her any info. she's on the title as a owner but didn't sign on the loan.

That's true.

The lender has no legal obligation to give her any loan information that doesn't have her name on it.

The loan company tried to get her to sign new papers but she did not

Why not?

What were the papers?

since they say they won't even turn over the title if we pay it off.

That doesn't make sense.

Once the loan is paid off they would have to issue and record a lien release. Maybe not to her, but certainly in the name of the original borrowers which would be just as good.

how can she get the loan in her name? This is in california.

Refinance with another lender. That lender's escrow company will handle all the paperwork for the loan payoff and recording of appropriate documents.

[pg1067]

Sounds like your mother failed to probate her parents' estates properly and should contact a local attorney to get advice about doing so.

[FindLaw_AHK]

I agree with the previous poster, you may want to contact a local Lawyer to address this matter.