Can I transfer property to a family member if I still have a mortgage on it?

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Can I transfer property to a family member if I still have a mortgage on it?

If so, how do I go about it?

Asked on October 31, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is nothing under the laws of all states in this country prohibiting the transfer of the real property that you own to a family member while you have a mortgage on it. However, the mortgage (trust deed) most likely comes with a due on sales clause on it where where the transfer of title could trigger the loan becoming due and payable.


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