Legal Question in Real Estate Law in New Jersey

can a deed that has a mortgage in person A's name be transferred to person B legally without consent from the mortgage company?


Asked on 8/04/11, 8:48 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

The Deed may be valid, but this could trigger the Mortgage being accelerated. I have not seen the documents so there may be restrictions that prevent this. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationshp.

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Answered on 8/04/11, 9:41 pm
Barry Gartenberg Barry F. Gartenberg LLC

The deed may be valid, but B's title is not "clean." Mortgage loan agreements typically require that the loan be paid off on sale/transfer. Also, a title insurer would require that it be paid off on transfer or would not insure the person getting the property from a claim against it by the lender. Please feel free to contact me ASAP so that we may explore your options. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 8/05/11, 4:34 am


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