What are my options if I have a buyer for the house, but with no estate executrix the title will be questionable? 14 Answers as of August 07, 2017

My ex-wife passed away last year. In the divorce, I gave her the house. She never removed me from the mortgage as per the divorce. She stopped paying the mortgage and the house is in foreclosure. There is no estate.

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DEAN T. JENNINGS, P.C. | Dean T Jennings
If her name is the only one on the house because it was awarded to her you will have to open her estate and the Executor redeem (pay the mortgage) or sell the house to pay off the mortgage. You get nothing as you are not married. Because your name is on the mortgage and the foreclosure will probably go through and the bank will get the house back and sell it, you need to talk to the bank's attorney doing the foreclosure and make certain that the bank doesn't take a deficiency judgment against you. File an appearance and answer, and demand for delay of sale in the foreclosure action to protect yourself.
Answer Applies to: Iowa
Replied: 8/7/2017
Stephens Gourley & Bywater | David A. Stephens
You will not be able to sell the house without a probate so that someone is authorized to sign for her.
Answer Applies to: Nevada
Replied: 8/7/2017
Gates' Law, PLLC | Thomas E. Gates
Because a real property is involved, the estate must be probated. The court will appoint the executor. The executor can sign on the documents for the sale. Keep in mind that the foreclosure will impact your credit score and your ability to borrow money.
Answer Applies to: Washington
Replied: 8/7/2017
Ronald K. Nims LLC | Ronald K. Nims
Since your ex got the house in the divorce, you have no ownership interest and can't sell it.
Answer Applies to: Ohio
Replied: 8/7/2017
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
Since you remain responsible for a mortgage on the property despite the direction ion the divorce decree you would be an "interested person" under the probate statute. As an interested person you could open a probate and have an estate representative appointed. You should review your rights and options with a probate attorney.
Answer Applies to: Illinois
Replied: 8/7/2017
    Wellerstein Law Group, P.C.
    Wellerstein Law Group, P.C. | Elisha Wellerstein
    Someone would have to petition the court for an administration proceeding and get appointed the Administrator of the estate. The Administrator would be able to sell the house.
    Answer Applies to: New York
    Replied: 8/7/2017
    Law Office of T. Phillip Boggess | T. Phillip Boggess
    You said you weren't removed from the mortgage, were you removed from the deed? If not, you would be the owner. If so, you don?t have much of a choice other than opening a probate estate if you want any control over the process.
    Answer Applies to: Illinois
    Replied: 8/7/2017
    S. Joseph Schramm | Joseph Schramm
    If you have a buyer for the house you might either petition the court to allow yourself to be appointed administrator of your ex-spouse's estate if there is not will, find her will and contact the named personal representative to see if they will probate the will or, if there is no will and you do not want to administer her estate, see if one of her nearest of kin (e.g. children) would be willing to petition the court to be appointed administrator/trix of her estate to sell the house.
    Answer Applies to: Pennsylvania
    Replied: 8/7/2017
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Title won't be questionable: it won't be good, period. Only the owner of real property can sell the property. If you want to sell the house, you have to probate your ex-wife's estate.
    Answer Applies to: Oregon
    Replied: 8/6/2017
    Law Offices of George H. Shers | George H. Shers
    If you transferred complete title to the house to her, you have no legal interest or ownership in it. As her ex-spouse, you would not inherit from her estate unless she left a Will naming you are an heir. The foreclosing bank, or whomever makes the highest bid at the foreclosure sale, will get title to the property. ?If you attempt to sell it to someone that would be a fraud.
    Answer Applies to: California
    Replied: 8/6/2017
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Probably the easiest thing is to call the mortgage company and see if they'd be willing to work with your buyer. If your name is not on the title to the property, you don't have any authority to sell the house. However, if the mortgage company is still after you to pay what ever is still due and it won't recognize the divorce decree, you might be able to place a lien on the property and force the sale, with the understanding that the proceeds would go to the company. Check with a real estate attorney in your area for specifics.
    Answer Applies to: Nebraska
    Replied: 8/6/2017
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    You have to have a person with authority to sell the house. If the house was not in a trust and there was not a joint tenant, then a probate estate will have to be opened. Did she leave a Will? If so, who is named as Personal Representative (executor)? If not, then the Petition for probate can nominate an administrator.
    Answer Applies to: Oregon
    Replied: 8/6/2017
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Unfortunately, you have no options. The fact you're on the mortgage is irreverent to title. Any sale from you would constitute fraud. Unless there is a will/trust the title should pass through probate to the next of kin. If the house has any equity after foreclosure it will pass to that person.
    Answer Applies to: California
    Replied: 8/6/2017
    Law Office of Peatsa C. Wallace | Peatsa C. Wallace
    If the title to the house is in your ex-wife's name, her estate will need to be probated in order to sell the house. Did your ex-wife have a Will? If so, who are the beneficiaries of the Will? Did they inherit the house? If no Will, then the house passes by intestacy...meaning your-ex wife's heirs are entitled to the house. If your ex-wife remarried, then her spouse will be entitled to either all of the house or if your ex also had children, then your ex's spouse and children inherit. There are many questions that need to be answered to determine exactly who has rights to the house and who can sell it. You need to consult with a probate attorney.
    Answer Applies to: Georgia
    Replied: 8/6/2017
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