My girlfriend and I purchased a home together. She has pasted away The mortgage was in her name only .She has let it to me in the will. The mortgage is assumable .But I cant qualify. Can I keep making payments on the property until I can?
2 Answers from Attorneys
The way you phrase it, I assume that the deed was in her name only. If that is not the case, that would change things substantially.
The Garn-St. Germain act provides:
(d) Exemption of specified transfers or dispositions
With respect to a real property loan secured by a lien on residential real property containing less than five dwelling units, including a lien on the stock allocated to a dwelling unit in a cooperative housing corporation, or on a residential manufactured home, a lender may not exercise its option pursuant to a due-on-sale clause upon—
(1) the creation of a lien or other encumbrance subordinate to the lender’s security instrument which does not relate to a transfer of rights of occupancy in the property;
(2) the creation of a purchase money security interest for household appliances;
(3) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety;
Here is a link for your study: http://www.gpo.gov/fdsys/pkg/USCODE-2011-title12/pdf/USCODE-2011-title12-chap13-sec1701j-3.pdf Tricia Dwyer Esq., Tricia Dwyer Esq. & Assoc. PLLC, DwyerLawFirm.net, Phone 612-296-9666, Minnesota Real Estate Law Attorney