What to do if I paid off a mortgge but mortgage company is refusing to release the title to my house because I was not on the loan?

My husband died in Iraq and I paid off the house mortgage with the life insurance. However now the mortgage company is refusing to release the title and will not even talk to me becuase I was not on the loan. I was however listed on the deed, which is allowed. Is there any options other than hiring a lawyer I could pursue?

Asked on September 18, 2012 under Real Estate Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if you paid off the mortgage on your husband's loan, the lender is required to provide you with a full reconveyance of such within a certain tine period recorded in the county where the home is. If the lender refuses and you are required to retain legal counsel to get the full reconveyance of the mortgage recorded, the lender could be subject to paying your attorney's fees and possible penalties. I suggest that you consult with a real estate attorney to to assist you.

One option is to contact your local legal aid clinic regarding assistance.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.