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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption