Legal Question in Real Estate Law in Missouri

My brother is deeding me a second home he owns. He is upside on his first mortgage and may in a few years default on it. If he deeds me the property now, can the mortgage company come take this second home from me, if he defaults?


Asked on 2/27/12, 1:52 pm

2 Answer from Attorneys
Anthony Smith LawSmith

Your brother cannot transfer more than he owns. If he has a mortgage, then he does not own the house free and clear. If your brother passes what he owns to you, you take it subject to this and other liens.

Good luck.

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Answered on 2/27/12, 2:54 pm


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