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Tangled Titles

A significant number of homeowners do not have a deed in their name, which puts them at risk of losing their home to a variety of threats. Tangled title situations can occur when homes are passed on from generation to generation without a will or without the filing of a probate petition. Sometimes, even when a homeowner passes away with a will, probate delays may drag on for a year or longer, keeping a home’s title unclear.

Tangled titles often go hand in hand with a variety of problems including keeping up with payments for the mortgage, property tax, or utilities, such as when the family had relied on the deceased’s income or where payment obligations are missed immediately prior to and after the homeowner’s death. The tangled title may prevent a successor homeowner from obtaining a mortgage modification, assuming a mortgage, or even obtaining information from the mortgage servicer. Property tax bills may skyrocket if the homestead exemption is removed and heirs are not able to obtain the exemption in their name. Other times, much-needed natural disaster assistance may be stymied without proof of ownership of the home.

For resources related to policy and advocacy, please visit nclc.org.

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Materials from NCLC & NACA conferences are available for free on the NCLC Digital Library to verified community members. Verified community members must be one of the following: legal aid, active NACA member, or attendee of a recent NCLC & NACA conference.

Conference Materials

Conference Videos

Mortgage Strategy Summit: Zombie Mortgages, Successors and Tangled Title, and Loss Mitigation/Homeowners Assistance Fund (CRLC 2022)

Untangling Title: Saving the Home When Heir Property Issues are Involved (CRLC 2021)

Successors in Interest and Absent Co-borrowers: Saving the Family Home After Death, Divorce, or DV (Mortgage Conference 2022)