Can I take my spouse’s name off the deed without the mortgage holder accelerating my loan?

My spouse is currently on deed and mortgage. My mortgage document states the property cannot be transferred except by devise or descent.

Asked on July 21, 2012 under Real Estate Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

And the note, which is the promise to pay?  The general rule is that you can not transfer the property in violation of the rights of the mortgage holder.  That accelerates the mortgage.  And transferring him off the deed - like in a divorce - does not mean that the lender loses rights.  If you are attempting to transfer the property becuase of creditors I would seek legal help.  Good luck.

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