Legal Question in Real Estate Law in Texas

Legal Homeowner

If I am still paying a mortgage payment on my home to a bank, can I legally sell my home to someone else? Would a handwritten notorized document stating that the property was sold to a third party individual, hold up in a court of law?


Asked on 4/29/09, 2:03 am

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Legal Homeowner

Unless the bank consents to an assumption and agrees to release your liability, you will remain personally liable on the mortgage.

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Answered on 4/29/09, 6:26 am

Re: Legal Homeowner

Yes, you can sell your home. The new buyer (or the new buyer's financial institution) will need to pay off the old lien. DON'T do this yourself.

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Answered on 4/30/09, 12:10 am


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