property/home deed vs. deed of trust of ex-girlfriend
Question Details: 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.
Real Estate Law Answers
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.
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