quit claim deed with mortgage attached

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My exhusband quit claimed a deed to his girlfriend giving her right of joint tenancy. He was the only one on the mortgage and has recently passed away. Can she sell the property without satisfying the mortgage?

helping_user

Welcome Sue.

Ideally she should not be able to sell the property without satisfying the mortgage if the contract says so. But she can take permission from the lender and sell it off and pay down the mortgage from the sale proceeds.

Do you have your name on the mortgage?

Thanks.

gmakerley · Posted: Wed Apr 16, 2008 7:40 am Post subject:

no, she cannot sell the home without paying off the mortgage.

regardless of her status concerning the mortgage itself, there will be a "due on sale" clause that governs the status of that debt upon sale of a home. that she is the sole owner at this time has no bearing on the need to pay the loan in full.

jheard · Posted: Wed Apr 16, 2008 12:53 pm Post subject:

A mortgage acts as a lien on the property. The property can't be sold without paying the mortgage, or taking the property subject to the mortgage.

As gmakerley said, most mortgages have a due on sale clause which triggers full repayment upon title transfer. If it is not paid, they can foreclose.

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