Bankruptcy Law/mortgage


Hi, my question is my Grandmother passed away 2 years ago. Her house was in life estate for my mom. Years ago they did a quick claim deed with life estate language. My mom now owns the home, but the mortgage is in my Grandmother name. We don't owe a lot on the mortgage but the payments are very high because of the insurance we have. We really can't afford the high payments so we want to pay off the mortgage so we can drop the high priced insurance. When we told the bank about the life estate they said we still need a probate paper. Can we go into the bank and show them the quick claim deed and just pay off the mortgage with out them giving us a hard time? What should we bring into the bank with us? Thank you

Hello Rose:
Depending on where you and your grandmother live(d), this may be easier to resolve than you might think.   You can show them your quit claim deed, but I doubt that that will be good enough without showing something that shows that your mother died and that the property was transferred to your mother.    If you would like to call me, we could discuss how you might minimize this problem with an expedited probate procedure, but again, I don't know what jurisdiction  we are talking about.    You can call me anytime at this number.    I will not charge you just to talk n the phone.    915  261-3893  

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Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.

Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers

Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars

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Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period

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