Legal Question in Wills and Trusts in Illinois

Relese of mortgage

My father died with out a will, i am his only living heir , the finance company will not relese the deed to the house , they stated i needed a attorney , can i do this with out one ?


Asked on 4/17/07, 3:15 am

3 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: Relese of mortgage

The mortgage company has no right to hold a deed. Something is missing in your question.

In illinois you are given title when you buy the house. The mortgage is a lien on the house. A release should be issued with with full payment whether or not your dad is alive.

In fact, the mortgage states the the whole mortgage will come due upon your dad's death.

You need to find out esactly what the finance comapny needs and then I can be more helpful

email me if you have any quesitons.

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Answered on 4/19/07, 5:03 pm

Re: Relese of mortgage

The answer is: you can.

However, it would probably benefit you to seek out the advice of a probate attorney who can handle the transaction for you. It will take much longer to handle it yourself (and cause much greater frustration).

Good luck to you.

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Answered on 4/17/07, 12:07 pm
Scott A. Blumenshine Blumenshine Law Group

Re: Relese of mortgage

You may be able to provide the

finance company with

an affidavit of heirship

with the death certificate.

If that does not work, please

feel free to contact me.

Scott Blumenshine

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Answered on 4/18/07, 8:46 pm


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