Is it true that I can't get help from the bank because my name is not on the title? 7 Answers as of March 18, 2013

My husband passed away recently. We have no life insurance. I am struggling to pay for the house. The bank tells me that I can’t get any help from them since my name wasn’t on the title, just on the deed. Is it true?

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Durham Jones & Pinegar | Erven Nelson
The deed reflects the title. If you are on the deed, you are on the title. If it was in joint tenancy, you should file an affidavit to get it in your name. Maybe the bank means that you are not on the loan.
Answer Applies to: Nevada
Replied: 3/18/2013
Janke Legal Consulting | Bruce C. Janke
"Title" is another name for the "deed." The person whose name appears on the deed is called the legal owner. The documents you should have are (1) Deed (usually a "Grant Deed" but maybe a "Quitclaim Deed"); (2) Promissory Note; (3) Deed of Trust. In California, Deed of Trust is synonymous with Mortgage. It is the instrument that secures the promissory note by directing the trustee to convey title to the borrower when the loan is paid off or to the bank in the event of a default. The holder of legal title is identified on a Grant Deed as the "Grantee." If it is a quitclaim did, it will say that the previous owner "quitclaims to" the new owner. Who is the person who signed the Promissory Note and the Deed of Trust? What sort of help are you asking from the bank? Under the federal home loan modification program, the home must be owner-occupied. So, if your name is not on the deed, you would not qualify for this program. You don't say whether you and your late husband had a living trust or whether he had a will. Even if he had neither, as the surviving spouse, legal title to the home should go to you. The first thing you should be doing is consulting a probate lawyer to find out how to accomplish this. It may be necessary to file a petition in the Probate Court.
Answer Applies to: California
Replied: 3/18/2013
Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
Yes. First you need to have title transferred to your name. Easy to do if you had a living trust, which lists you as the beneficiary. If no living trust, then you will need file a probate action in court so that the property can be distributed to you via your husband's will. If no will, you will still need to file a probate action to get the property.
Answer Applies to: California
Replied: 3/18/2013
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Probably. Ask to talk to the lender's legal counsel. You may need to obtain a court order authorizing you to act on behalf of your husband's estate. Much of this turns on the state where you live. Consider hiring a probate attorney.
Answer Applies to: Arizona
Replied: 3/18/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You may have to get an attorney involved. If you are the beneficiary of his estate, they will have to talk to you.
Answer Applies to: New York
Replied: 3/18/2013
    Danville Law Group | Scott Jordan
    Title and Deed are the same thing. Have you given the bank notice that your husband passed away recently? They may want a court order giving you authority over his estate before they will discuss the loan with you or transfer it to your name.
    Answer Applies to: California
    Replied: 3/18/2013
    Stacy Joel Safion, Esq.
    Stacy Joel Safion, Esq. | Stacy Joel Safion
    If the property was in his name only and you are not a beneficiary and there is no will, you may have to open a probate in the court. This will get your name on title.
    Answer Applies to: California
    Replied: 3/18/2013
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