Legal Question in Real Estate Law in Texas

Release of Mortgage Lien

My parents financed the mortgage on our house. We have paid it off and need to have the lien released. The lien was in both my parents' name but since then my dad has passed away. Can I file the form myself, or would it be best to contact an attorney? If I can file the form myself, what steps do I need to take?

Asked on 1/02/08, 9:05 pm

2 Answers from Attorneys

David Leon David L. Leon, P.C.
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Re: Release of Mortgage Lien

You should probably hire an attorney. You have more than one issue here. First, you can't file a lien release, the financial institution does that. Second, if a parent in title is deceased, then you need to remove that person from the chain of title. Did your dad have a will? If so, was it probated? If not, then you will need to file additional paperwork to get him off the title.

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Answered on 1/02/08, 9:56 pm
Cheryl Rivera Smith The Smith Law Firm
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Re: Release of Mortgage Lien

If a will has been probated and your mother has Letters Testimentary, then she would have the power to sign the appropriate release. Make sure it is prepared in proper form. If there was no will an/or no probate, a simple affidavit of heirship filed prior to the executed (by the proper parties) release. You should contact an attorney to help you with this and it shouldn't cost more than a couple of hundred dollars to get it done right. My sympathy on the loss of your father.

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Answered on 1/03/08, 2:56 pm

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