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Question: Real Estate - Texas

Asked on 6/29/2009
property/home deed vs. deed of trust of ex-girlfriend
i am wanting to sell my home. i am the only one on property deed and mortgage.she is unable to buy home from me for credit problems. The ex-girlfriend is on deed of trust only. can i sell my home without her permission. And/or would she be considered a tenant if she wishes to pay the motgage and stay on the property.

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Answers (1):

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Without examining the documents, it is impossible to answer your question.  If your deed of trust does not contain a due on sale clause, you can assign title to a person who wishes to assume the mortgage; however, you would remain liable for the mortgage in the event that the buyer does not pay.  Further, if there is a due on sale clause, any attempt to transfer title to the property could result in the lender declaring the entire balance of the mortgage due.



  • Answered on 6/29/2009
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