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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.

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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

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

Can Estate Planning be Used to Help Preserve Economic Assets in Low-Income Communities? 
NCLC’s Mortgage Servicing and Loan Modifications § 2.11 (2022), Challenges for Successors in Interest
NCLC’s Mortgage Servicing and Mortgage Servicing and Loan Modifications § 3.10.4 (2022), Successors in Interest
African Americans Have Lost Untold Acres of Land Over the Last Century
Sample Successor Letter to Servicer
Historic Partition Law Reform: A Game Changer for Heirs’ Property Owners
Reforming Property Law to Address Devastating Land Loss
From Reconstruction to Deconstruction: Undermining Black Ownership, Political Independence, and Community through Partition Sales of Tenancy in Common Property
Forced Sale Risk: Class, Race, and the “Double Discount”
Sample NOE by Successor in Interest and Request to Confirm Successor Status
The Intersection of Decedent’s Estates and Consumer Law – A Practical Guide to Handling A Case When A Client Dies and Advising Heirs (PowerPoint)
The Intersection of Decedent’s Estates and Consumer Law – A Practical Guide to Handling A Case When A Client Dies and Advising Heirs (Outline)

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

Untangling Title: Saving the Home When Heir Property Issues are Involved (PowerPoint)
Uniform Partition of Heirs Property Act
Predatory Real Estate Investment via Partition
This New Tactic by Real Estate Investors Is Forcing Some from Their Homes
Heirship Deed Without Covenant Against Grantor's Acts
Heirship Affidavit, Deed Appendix

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

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

 

Conference Videos

Successors in Interest and Absent Co-borrowers: Saving the Family Home After Death, Divorce, or DV (Video) (Mortgage Conference 2022)
Untangling Title: Saving the Home When Heir Property Issues are Involved (Video) (CRLC 2021)