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selling or loaning a titled property with (name, widow)

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anne grace

Arresto Menor
Hi please help anyone, mom and dad acquired property 1980s, dad died last 1995, then mom made us sign extra judicial settlement with waiver of rights, then property became "Jane Doe, widow" on title, then mom sold this property to my uncle and bought smaller property, around 2005, still the smaller property has name "Jane Doe, widow" on title, mom now asking me if she can loan this small property and not sure now if she's "absolute owner". we are 5 siblings by the way, i signed the waiver before, ok with me, but not sure how it was executed or if my other bros really confided, but anyways it was sold as it was with "Jane Doe, widow" and currently has same "Jane Doe, widow" on new smaller property, is my mom absolute owner of this property? or does my other bros still have rights. if she applies to loan the property will the mortgagor still ask approval from my bros? thanks, God bless, please help, i want to help my mom set up business, with me putting in some ... thanks again . Rolling Eyes

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Reclusion Perpetua
1. Was the waiver of rights
a/ giving it to your mother
b/ or only concerning the handling?
If the first, you have given whole to your mother, so she do as she want with the new property too, because it's hers.

2. Do you mean the title say
a/ "Jane Doe, widow" *
b/ or your mother's name?
If the first, why wasn't your mother's name put at the title when it was changed???

3. "not sure now if she's "absolute owner" "
Well. If 1a then she is
but if 2a it ISN'T proven to the Register.

4. "or does my other bros still have rights."
If 1b, you have rights still NOW
if 1a, then you have rights AFTER you mother die.

5. " if she can loan this small property"
It depend of if the lender find the documents good enough.
/Some lenders will sure say No if it isn't your mother's name at the title,
/while some other lenders can find it good enough.

* OR does documents say "Jane Doe, widow of /your father's name/ " ?
Then it can be seen as COMPLEETE (although some unclear.) TOGETHER with some other documents showing that's same as your mother as for instance the marriage certificate.

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