Legal Question in Real Estate Law in Pennsylvania

How do legally transfer a open mortgage in two names, with a no prepay penalty, etc solely to my sons name, without reapplying for a new mortgage since he was listed as a co owner on the original mortgage. Does he have to be re qualified?


Asked on 10/10/11, 8:12 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If you and he are co-owners, was the mortgage loan underwritten looking at your credit only, or at your son's also? Even if his credit was not considered, he would have had to sign the mortgage in order for the lender to get a valid mortgage on the property.

He may have to qualify, and would require the lender's consent for an "assumption" of the mortgage obligation by him solely.

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Answered on 10/10/11, 9:54 am


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