Legal Question in Real Estate Law in Georgia

re: placing somone on a deed to a home as beneficiary?

(1).I wanted to know can I be placed on a deed to a house and not on the mortgage? If so, is my social security info. required or just my name, ect..?My sister owes me a large sum of money for downpayment on this property.

(2)Can this property have me as a beneficiary in regards to sale to pay back moneys owed? What needs to be done? She lives in GA , I live in NJ.


Asked on 5/10/08, 8:51 am

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: re: placing somone on a deed to a home as beneficiary?

It is possible to have your name put on the deed, but it may cause a problem with the mortgage because of a "Due on Sale" clause. Consult with a local attorney in the area where the property is located.

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Answered on 5/10/08, 9:19 am
Gregory Kinzel Law Office of Gregory F. Kinzel, LLC

Re: re: placing somone on a deed to a home as beneficiary?

Your best bet would be to have your sister execute a mortgage for the amount of the loan, with you as the mortgagee (lender) and she the mortgagor (borrower). This way, you would have to be paid what is owed to you in the event that she sells the property. Feel free to contact me for a consultation on this.

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Answered on 5/12/08, 9:10 am


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