Legal Question in Wills and Trusts in Indiana

Mortgage Deed

How to I go about changing the name on a mortgage? My husband died in 2002. Since then I refinanced the house in 2006 in my name but his name somehow still shows on the deed. How can I have it in my current name?


Asked on 1/21/08, 2:55 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Mortgage Deed

If you were able to refinance your home in your name alone, then the mortgage lender must have been satisfied that the home was titled in your name alone. This is just a guess, based on your short question, but you and your husband must have had joint title with right of survivorship or tenancy by the entireties, and the lender probably recorded an affidavit of death to clear title for you. If so, you just need to speak with the county assessor to see about changing the public records. Good luck.

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Answered on 1/21/08, 3:02 pm
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: Mortgage Deed

You should contact an attorney who can prepare the appropriate documents that need to be recorded.

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Answered on 1/21/08, 6:20 pm


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