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My father passed away, and I want to put the house under my mothers name. The loan servicing company is asking for a transfer of title document.

I am unsure what that is, or how I would go about attaining one.

Side information: the house is in NJ

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I presume that your father was the sole owner of the house, you are the executor of his estate, and there are no legal impediments to transferring ownership of the house to your mother. You can execute a quitclaim deed transferring the property, where (if you do it yourself) you get the legal description of the property, draft or fill in an appropriate form, get your signature notarized, and file it with the county clerk. This does not promise that the title is clear, which could pose a problem for her. To cover that, you would need either a special warranty deed or a general warranty deed. The former protects against title defects brought about by the grantor, and the latter protects against all title defects. Once your mother does in fact legally and provably own the house, presumably the loan company will want a copy of the deed.

There is no "transfer of title" document for real estate, so you would need to ask the company exactly what they require. Also, transferring title in this situation is not entirely trivial if there is a mortgage. Your father (his estate) will remain liable for the mortgage, and your mortgage contract will almost certainly prevent you from transferring the property to another party without paying off the mortgage. Your mother's title to the property would thus be defective if you don't attend to that detail. You would look for a due-on-sale clause in the mortgage agreement. I assume there is such a clause, and you are getting lender approval for her to assume the mortgage (and remove your father from the mortgage).

This is a situation where you should pay a few dollars to have a real estate attorney look at the paperwork and make sure everything has been done correctly.

  • I agree with user6726 that a lawyer is important for this situation. If the house needs to go through probate, in many states, the document that transfers the house to the final owner will be known as an executor's deed, not a quit-claim deed. – Gerard Ashton Sep 27 '18 at 21:00

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