What to do if we purchased a house about 1 1/2 years ago and my fiances great grandmother is the one who took out the loan but she has now passed away?

We only wanted her to co-sign for us. At the time it wasn’t a big deal. Anyway, she passed away 2 months ago and now the house is part of the estate. There is a mortgage on the house for 8.5 more years. I have made all the payments, taxes, insurance and utilites since purchase. Is the house mine? I was told that we would have to go to court and prove that the house is ours and that we weren’t paying rent, we were paying the mortgage.

Asked on January 21, 2013 under Real Estate Law, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The key is to pull the title of the property that you are living in to see who is the record owner. If you and your spouse are not owners of record of the unit, then you need to consult with a real estate attorney to see what can be done to transfer title of the property to you from the great grandmother's estate where you continue paying on the exiting loan in place or get a new one. A reconveyance deed due to mistake will need to be done if title is not in your name.

If title is in your name, things are fine. Just continue making the mortgage payments.

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