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Interfamily transfer of title in California

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Icon Mini Profile emreuteler





Joined: 16 Apr 2009

Posts: 3

3.41 Dollars($)
Post Posted: Thu Apr 16, 2009 7:40 pm    Post subject: Interfamily transfer of title in California
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Is it okay for us to take our mortgage with us to the in-laws house and the in-laws to take their mortgage to our house?

Can we simply sign the deed over to one another and then worry about the financing? So much has changed in the last year and a half with the economy that our well laid plan seems like it is falling apart.

Our house is worth 1.2 million and the in-laws house is worth 850,000-950,000. We owe $530,000 on our house and they owe $250,000 on theirs. My husband quit his job a year ago to work for himself and that has totally messed with our taxes, making it more difficult for us to qualify under the new rules.

I am also wondering if banks are looking more at the value of the house versus what we make to qualify us for a loan. We make extra payments of $1000-2000 every month on our interest only loan.

Also, we have a 1st of 353k (5%, interest only), and a 2nd of 179K (1.99%, interest only)
Icon Mini Profile jenkin7
jenkin7




Joined: 04 Jun 2007

Posts: 4537
Location: Hawaii
728.43 Dollars($)
Post Posted: Thu Apr 16, 2009 10:34 pm    Post subject:
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Hi emreuteler,

Quote:
Is it okay for us to take our mortgage with us to the in-laws house and the in-laws to take their mortgage to our house?


Do you mean to say you want to transfer the title to each other and then, take over the responsibilty of each others mortgage?

If this is what you mean, then I'm not sure if that would be possible. You can transfer the title to each other. But you would require an approval of the lenders because of a 'due on sale' clause on the mortgage. To take over each others mortgage, a refinance will also be required.
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