Legal Question in Real Estate Law in California

I own a house with a mortgage loan on it. If I leave the house to my son in my will when I die can he keep the mortgage I have or will he have to sell the house to pay off the mortgage loan?

Asked on 12/11/12, 9:13 am

2 Answers from Attorneys

Neal Rimer Neal M. Rimer, Esquire
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Your son will be able to inherit the house and the loan will not be accelerated due to the transfer to your child. When a house is inherited, the lender may not exercise the due on sale clause in the note and deed of trust.

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Answered on 12/11/12, 9:57 am
Anthony Roach Law Office of Anthony A. Roach
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I agree with Mr. Rimer. I point out that while the loan may not be accelerated, it still must be paid, and the house will remain subject to the deed of trust, meaning it can be foreclosed in the event of nonpayment.

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Answered on 12/28/12, 1:33 pm

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