How do I put my name on the deeds of my mothers house

Kirsty1973

Hi there - I wonder if you could help. My mother died last year and left me as sole beneficiary on her house - that myself and my husband would like to buy.


However there is still a £92,000 mortgage outstanding which we intend on getting a re-mortgage for. Not only that my name is not on the deeds and we have been told that we have cannot get a mortgage on a property that does not have my name on the deeds and that we cannot get my name put onto the deeds until we get a mortgage. We have been offered a mortgage all ready - but that is as far as the application went as we could not proceed any further due to this reason. At the moment we are living in the property and paying off the monthly interest-only mortgage payments, however the bank has now informed us that we have until July to secure a re-mortgage on the property. We have had the property valued at £195,000 so I own a fair amount of equity - Im just not sure what our next move should be - any advice/help would be invaluable - thanks:)

davidmcn

Has anything been done about probate (or equivalent) for her estate?

financegeek

I'm assuming you've not been through probate yet?

once the estate has gone through probate any assets left to you will be officially in your name. probably best to start the process asap so it's all done before the mortgage company start taking legal action.

Kirsty1973

Hi - sorry if I wasnt specific - all the probate has gone through but the mortgage left on the property is in my mothers name - so our plan is to get a mortgage for that outstanding debt and it solely becoming our property. However the issue with the deeds is still apparent - any help again would be gratefully accepted.

getmore4less

Who is the executor?

Fairly standard process

You buy the house off the estate like you were buying any other house.

Who is telling you the catch 22?

Tom99

Appoint a solicitor to deal with the transfer and mortgage, its no different to buying a property, your name is not on the deeds of the property if you were to buy one.

Thrugelmir

Kirsty1973 wrote: »

Hi - sorry if I wasnt specific - all the probate has gone through but the mortgage left on the property is in my mothers name - so our plan is to get a mortgage for that outstanding debt and it solely becoming our property. However the issue with the deeds is still apparent - any help again would be gratefully accepted.

Who are the executors of your late mothers estate?

Kirsty1973

I am the executor - but the legal advice we have received is that it is not that simple. So is it just a case that when we re-apply for another mortgage as our last offer has now elapsed - we just appoint a solicitor to deal with the transfer of the deeds and the mortgage? Thanks again for the advice

davidmcn

Kirsty1973 wrote: »

the legal advice we have received is that it is not that simple.

Which bit isn't simple? You get a mortgage and buy the house from the estate for a price which just happens to be the amount needed to redeem mum's mortgage.

Mojisola

Kirsty1973 wrote: »

Not only that my name is not on the deeds and we have been told that we have cannot get a mortgage on a property that does not have my name on the deeds

If you were buying my house, you wouldn't have your name on the deeds of my house when your mortgage was approved!

Someone is either talking rubbish or you aren't understanding what they are trying to tell you.

getmore4less

Kirsty1973 wrote: »

I am the executor - but the legal advice we have received is that it is not that simple. So is it just a case that when we re-apply for another mortgage as our last offer has now elapsed - we just appoint a solicitor to deal with the transfer of the deeds and the mortgage? Thanks again for the advice

I guess you are trying to do this yourself.

You have to become 2 people the executor/seller and the beneficiary/buyer.

As executor you sell the house from the estate to yourself as beneficiary.

A solicitor should have no problem with this standard procedure.

Who is telling you there is a problem?