Legal Question in Real Estate Law in California
transfer of mortgage on death of mortgagee
I live in a property where the mortgage was taken out in my father's name. The title is in my name. He's passed away and I am his sole beneficiary. How can I get the mortge transferred in my name. There is no due on sale clause. Thank You very much
1 Answer from Attorneys
Re: transfer of mortgage on death of mortgagee
Your father's name had to be on the title since a mortgage/deed of trust is a legal devise of securing a loan by placing it on the property as security for the loan. Only the owner of a parcel can agree to give the land as such security. When your father died, the mortgage would remain on the property and you would inherited the property subject to the pre-existing deed of trust. His dying is not a "sale". Contact the lender and see what their position is; if you were the only owner of the land, then there would be no mortgage on it.
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