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Old 07-21-2011, 02:32 PM
 
7 posts, read 12,581 times
Reputation: 17

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I inherited my parents home in Hernando county florida. I want to have the home transferred into my name but I do not know what happens with the mortgage that is on the home. Will I just continue payments or will I have to refinance the mortgage in my name. I can't believe that the bank will let me continue paying the mortgage without some type of agreement that is in my name, not my parents. I would appreciate if someone knows the answer to this... Thanks

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Old 07-21-2011, 03:07 PM
 
Location: The Conterminous United States
22,584 posts, read 54,276,538 times
Reputation: 13615
Call a lawyer.

The lawyer that informed you that you inherited the home doesn't know? Did your parents die? Because that what an inheritance means.

In any event, no one can advise you like a lawyer. And no, you don't pay the mortgage. It's not in your name.
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Old 07-23-2011, 09:04 AM
 
7 posts, read 12,581 times
Reputation: 17
Thanks! But I do have a lawyer in Florida and somehow I thought getting an answer on here was not a problem, but I guess it is.
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Old 07-23-2011, 10:53 AM
 
73 posts, read 420,985 times
Reputation: 65
You'll have to have the names on the deed and mortgage changed into yours, and continue payments. If you don't do this, then the home will not legally be yours. Refinancing is a different thing; when the home becomes officially yours, then you should be able to do that. Good luck. Btw, the bank doesn't care who pays, as long as they're getting the money.
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Old 07-23-2011, 04:07 PM
 
Location: The Conterminous United States
22,584 posts, read 54,276,538 times
Reputation: 13615
You have a lawyer but prefer to ask a bunch of strangers on a forum for advice concerning a home and inheritance?
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Old 07-23-2011, 04:17 PM
 
Location: Tampa, FL
3,237 posts, read 6,319,041 times
Reputation: 1492
First: dont pay the mortgage
Second: move into the house
Third: let the bank foreclose on it
Fourth: sue the bank and claim "adverse possession"
Fifth: get a free house

I am not a lawyer, but this is what I would do, it's the fashionable thing lately.
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Old 07-23-2011, 04:22 PM
 
Location: Amelia Island/Rhode Island
5,181 posts, read 6,136,412 times
Reputation: 6314
Quote:
Originally Posted by atlanticdare View Post
Thanks! But I do have a lawyer in Florida and somehow I thought getting an answer on here was not a problem, but I guess it is.
You need professional advice ASAP. The big thing is the mortgage. Is the house underwater, worth less than owed. If not a leap of faith on your part making payments on a loan your not on. Banks will start paper on late payments and then your playing catchup if you even qualify for a mortgage on it. Good Luck and be very pro active
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Old 07-23-2011, 04:31 PM
 
Location: on the edge of Sanity
14,268 posts, read 18,929,594 times
Reputation: 7982
I have to agree with Hiknapster and JBtwinz. After all, there's a difference between signing onto a forum to get information and opinions and handling a legal matter.

Will this be your primary residence? If so, you need to change the name of the deed and file for Homestead Exemption. If not, but your parents were living there, your taxes will change. Too many things to list, but you won't get all the answers here, only a few suggestions.

You might also have to report this to the IRS. Depends on the situation. (if they're alive or deceased, if there is equity in the home, etc.)

As above suggested, you need to call an Estate Attorney and/or a Certified Public Accountant. Too many "what ifs" to discuss.
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Old 07-23-2011, 04:43 PM
 
181 posts, read 291,137 times
Reputation: 89
Quote:
Originally Posted by BigFish_LittleFish View Post
You'll have to have the names on the deed and mortgage changed into yours, and continue payments. If you don't do this, then the home will not legally be yours. Refinancing is a different thing; when the home becomes officially yours, then you should be able to do that. Good luck. Btw, the bank doesn't care who pays, as long as they're getting the money.

I think you nailed it.
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Old 07-23-2011, 04:57 PM
 
Location: Tampa, FL
27,798 posts, read 32,427,246 times
Reputation: 14611
Sounds like you need to go through probate (lawyers, court, judge). They would have been very wise to have established a Trust w/ you included - would have made things a lot easier for beneficiaries.

This guy would know.

http://www.attypip.com/
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