is probate necessary?

[kbernicej]

my father passed in 2001. the mortgage to my parents home was in his name only. my mother has had issues with the mortgage company about insurance they will not acccept the insurance policy she pays for because her name is not on the mortgage. now they have raised the monthly payments and in order for her to modify the loan they say she needs to go to probate court. she is on the deed to the house why would that not be acceptable documentation to put her name on the mortgage?

 

[jharris352]

Because you do not inherit a mortgage. They are not required to transfer the mortgage just because the deed was transfered.