The Death of one owner.......

George:
My father co-signed on my mortgage for the purchase of my home 10 years ago. He recently passed away. I want to sell the house now, but his name is still on the deed. What can I do?

First, let me extend my sympathies to you for the loss of your father. Let me also let you know that this is not the first time something like this has happened, so don't panic.

You must locate the deed you were sent approximately 6 weeks after you closed on the house. Since you are in Florida, you should have received a deed. In Florida, mortgage companies do not hold the deed to your property, they place a lien for the mortgage amount against the property.

Once you have located the deed, you must see how the deed was written. For example, it will have your name, your father's name and the type of ownership in which you took the property.

"Mary Smith, a single woman and John Smith, a married man as tenants in common with right of survivorship."

Or some other type of wording. As long as you have taken the property "with right of survivorship" the property reverts to you in name at his death. If it simply says "tenants in common" or "joint tenants", you should check with a reputable Title Agency to find out what your next step should be. Has this property been named in his will? Will the property have to go through probate? These are questions a Title Agency or Real Estate Attorney can answer for you.

It's best to have a death certificate available to send to any agency that requests one, i.e., the mortgage company.

I wish you luck and let me know how I can be of assistance to you.