Legal Question in Real Estate Law in Indiana

home

my dad wants to give me his house and i will take over the morgage what need to be done to do that i dont have that good of credit but can make the payments thank you


Asked on 2/27/07, 2:29 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: home

Your concern shold be whether the transfer to you would trigger a due on sale clause, thus accelerating the mortgage so that the entire amount is due immediately. The chances of the mortgage company picking up on the transfer is not high, but it is possible. Having said that, you can have your father quitclaim the property to you or you can have an installment contract for the purchase of the property that requires you to pay the mortgage insurance and tax amount, and once the contract is completed your father would provide you with a warranty deed.

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Answered on 2/27/07, 3:10 pm


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