Asked in Real Estate Law for Colorado

Q: If person (a) owns a home by title and deed but has a mortgage tied to previous owner (b) can (a) sell the house?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: It would be a sale subject to the existing mortgage lien. And there may be buyers willing to take it subject to the mortage, or even assume personal liability on the mortgage note. However the lender with the secured mortage might not approve of the new owner, and foreclose on the mortgage pursuant to the usual due on sale clause in most mortgages. The buyer might wish to get approval from the lender prior to buying the property, after searching the title first.

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