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Old 07-01-2005, 12:39 PM
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Assume mortgage after quit claim


What is the name of your state? Virginia

My wife was quit claim deeded a property by her father shortly before his death. He was the only person titled to the property and only person on the mortgage. Under federal law is the mortgage company he used required to let her "assume" the mortgage payments he was making (and add her name?) or does she have to refinance or purchase from the estate? I am refering to the federal law prohibiting the "due on sale" clause in mortgage contracts when a home is left to a child. We have been living in this home as our primary residence since his death. Thank you!
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Old 07-01-2005, 02:13 PM
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Quote:
Originally Posted by cdhaw
What is the name of your state? Virginia

My wife was quit claim deeded a property by her father shortly before his death. He was the only person titled to the property and only person on the mortgage. Under federal law is the mortgage company he used required to let her "assume" the mortgage payments he was making (and add her name?) or does she have to refinance or purchase from the estate? I am refering to the federal law prohibiting the "due on sale" clause in mortgage contracts when a home is left to a child. We have been living in this home as our primary residence since his death. Thank you!
Call the mortgage company and ask, if they say no, then refi with someone else.
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