Question by lvchic_702: How to short sale with child on title deed but not mortgage ?
My mom passed away and we are trying to short sale her home. My brother is on the title deed and second mortgage but not the first mortgage. Under the deed it says joint tenancy. We already have a realtor dealing with them but she doesn’t understand why first mortgage won’t cooperate so we will be seeking a lawyer for help. Doesn’t the deed give my brother automatic ownership since my mom passed on ? I live in Las Vegas, NV. Thanks.
Best answer:
Answer by wizjp
Problem is that as he was not in title on the original mortgage, they have the right to call the security your deceased parent pledged, and the joint tenancy is not in operation behind that first lien.
They believe you mom should not have added anyone to the title without their permission as it violates their secured interest in the property
YOu need a lawyer.
Ownership is not the issue here folks. The first lien position is being called against the owner of record who is deceased. THE ESTATE is responsible for paying off all liens secured by property owned by the deceased before ANYTHING passes. No mortgage paid=foreclosure. Joint tenancy or not. The mortgage doesn’t just go away because you put someone else on title.
What do you think? Answer below!
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