QUESTION

My brother transfer ownership of house to me through grant deed as a gift but the lmortgage is still under his name.can he foreclose the property ?

Asked on Jan 04th, 2016 on Real Estate - California
More details to this question:
what should i do if he will try to foreclose the property?
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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The previous owner, your brother, cannot foreclose on the property since he is the borrower, and not the lender. However, the lender may be able to foreclose if there was a due on transfer clause prohibiting the transfer of the property without first paying off the loan.
Answered on Jan 05th, 2016 at 9:35 AM

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