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Question About The Garn-St.Germain Act
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This is in California. My mother passed away suddenly and no will was left behind. No spouse. So, my brother's and I are trying to save the family home and get it under our names.

This is a question about the Garn-St.Germain act. Apparently, one exception to the Garn-St.Germain act is, from what I read, that banks have to allow heirs to just assume the mortgage.

"Mortgage: Federal law requires lenders to allow family members to assume a mortgage if they inherit a property. However, there is no requirement that an inheritor must keep the mortgage. They can pay off the debt, refinance or sell the property."

In my case, the inheriting will be done without a will so I need to know if once I become the executor/personal representative, if I'll be able to transfer it to my brothers and I and if we are protected from the lender so long as we just continue paying.

Also, if this is something that a normal person would be able to make happen without a lawyer, what steps are necessary to make it happen? What's the process? Wondering if a paralegal or full on lawyer will be needed for this.

Apologies if any of this came out strange, this is all very foreign to me.

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1 month ago