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.

Asked on June 29, 2009 under Real Estate Law, Texas

Answers:

R. David Weaver / The Weaver Law Firm

Answered 11 years ago | Contributor

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.

R. David Weaver / The Weaver Law Firm

Answered 11 years ago | Contributor

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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