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Changing The Mortgage from deceased’s name

A huge problem we have encountered more and more lately is changing the mortgage from the deceased’s name into the family’s name. That is cases such as two I have right now where the property is in the deceased spouse’s name. I can easily transfer the title of the house by a spousal property petition. However, what about the mortgage? It’s in the decedent’s name too. If the Court order transferring title isn’t enough then we can piggy back it with a petition for letters of special administration. That petition can, and should, be limited to talking to the mortgage company about the mortgage. Court’s are not inclined to approve petitions for special administration unless they are emergencies and/or very limited and focused. In our office we do these procedures a lot, in counties throughout California, and can guide you through hte process. The key is knowing your options. Talk to an experienced attorney before you file!  -John