Keeping my house in the family...Please Help.

**helpme86271** · 03-13-2010, 11:18 AM

About a year ago I received a letter of "Lis Pendens" in the mail, this is a letter stating that a lawsuit has been filed from the bank who held the mortgage. Alternatively the letter stated that because none of the defendants (My Family) responded, that the mortgage and loans against the house have been vacated. There is roughly 2 years of back taxes owed on the house, which I intend to pay as soon as I get some answers.

My question is this:

I do not know where the deed is, how do I obtain it and have it put in my name? Also, how can I prove that the houses mortgage has been vacated other than having the papers that say it has? Someone once told me that I must petition the bank for a notice stating that they have released the lien.

What is my next step in obtaining this house in my name so I may remodel legally and keep it in the family?

Any help would be greatly appreciated.

**maui** · 03-13-2010, 07:44 PM

Please clarify this, who is the current owner? Have they defaulted on the mortgage? What is your legal interest/title to this property? Sorry for asking questions but I didnt fully understand your situation and I'd rather be clear so I (or the many experts here) can give you better input.

**helpme86271** · 03-14-2010, 11:07 PM

Please clarify this, who is the current owner? Have they defaulted on the mortgage? What is your legal interest/title to this property? Sorry for asking questions but I didnt fully understand your situation and I'd rather be clear so I (or the many experts here) can give you better input.

My family owns the house currently, his children; heirs to his estate. My grandfather put the house in his bankruptcy before he passed, and the bank filed a lawsuit to foreclose, but the mortgage was absolved by the courts.

Let me rephrase my question:

We do not know where the deed is, and I need to obtain it so that they may sign it over to me making me the legal owner of this property.

How do I get the deed from the County Clerk's Office and have it signed over to me?

**Greg** · 03-16-2010, 06:28 AM

Originally Posted by helpme86271

How do I get the deed from the County Clerk's Office and have it signed over to me?

Look in the phone book and find the number to the County Clerks office. They have the answer to your question.

**helpme86271** · 03-16-2010, 10:34 AM

Thank you for the advice, I have done this and done some research online. It seems the easiest way to go about doing this would be using a quitclaim deed form.

Now, my grandfather is still listed as the owner and would be on the deed. But he is deceased.

Do I have the heirs sign the form or is there another step for this?

**fauxe** · 03-17-2010, 07:55 PM

If your grandfather did not will the property to you or your spouse, then the ownership of the property will more than likely be dictated by the laws of your state that govern what happens when someone dies intestate (without a will). These laws can get kind of tricky, so you should probably plan on consulting an attorney.

Otherwise, a quitclaim deed is basically where the grantor says, "i give up any interest i have in this property, if any". The only way i think this kind of deed would apply to your situation is if there are other heirs and you want them to deed over their interest in the property to you via a quitclaim. Again, I would probably not try handle this on your own; you should consult an attorney.

**andrewsmith** · 03-17-2010, 09:56 PM

I think you need to discuss with the analysis of the property, he will guide you well and comfortable. And surely you will be satisfied with the property analyst.

**nicaben** · 03-18-2010, 12:56 AM

you need a probate attorney. the home will be passed to your GF's heirs but since it was not in a trust it has to go through the state first. dont expect to clear this up for a while....it can be pretty tricky.