Deed of Trust or Assumption…What to do?

My father is in a retirement community. We are living in his home. We want to take over said home but our credit is not worthy for a loan. Will a deed of trust or an assumption grant us home ownership if something happens to him.

Asked on June 15, 2009 under Real Estate Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not you can assume the loan depends on the loan terms, because that's something that only exists if it's put into the papers.  And it's very unusual these days, for a loan to be assumable without the lender's agreement.  It's also possible that a deed of trust might trigger what is sometimes called a "due on sale clause" if your father's mortgage has one.

There are differences in the law from one state to another as well, and I'm not a Texas attorney.  You need to have the loan documents, and the rest of the details of your situation, reviewed by a lawyer in your area, for reliable advice about how to go about this.  One place to find counsel is our website,

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.