Legal Question in Real Estate Law in Pennsylvania

Re: Sale Agreement

It is risky to "sell" your house while you leave your mortgage on the property. If you have any agreement that calls for your son to make periodic payments that you will send to the mortgage company, you will need to go through a foreclosure action against him if he defaults. You may not "evict" someone who is not a tenant, but has another interest in the property.

What about your son's rights, if you don't deed the house to him and there is no document recorded showing his interest in the property? If anything happens to you or you and he have a disagreement, he may be stuck with having paid off your mortgage but without having legal title.

If you do transfer title to him, that will probably be a default under your own mortgage.

If your mortgage holder consents, you may be able to transfer the property to your son and have him assume your mortgage, relieving you of the responsibility. If he can qualify for a mortgage, you could really sell the property to him. If he can't qualify for a mortgage, it is unlikely that your mortgage holder will consent.

Any way you look at it, it's a problem.