Legal Question in Real Estate Law in Pennsylvania

The mortgage holders of the first and of the second mortgages have to consent to any transfer of the property. You did not say who has title to the house. Mortgages contain what is called a "due on sale" provision, which makes any transfer of ownership, whether by sale or by gift, a default under the mortgage. Upon a default, the holders of the mortgages may require both mortgages to be paid in full, and the husband is totally liable, as is the wife. That means that they are not responsible 50/50, but both and each is responsible for the full amounts of the mortgages.

If the mortgage holders agree both to the transfer of ownership AND to substituting the son for the husband, the transfer may be done.

The owners should be advised by an experienced real estate lawyer to be sure that all of the necessary paperwork is done correctly.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

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