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Updated about 5 years ago on . Most recent reply presented by

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Rosalind Smith
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Death - Deed Transfer / Due on Sale

Rosalind Smith
Posted

My sister has a marital interest in the home of her deceased husband. Neither she nor her children want it. It is a newly purchased home about 3 years old. Attorney has stated that once creditors are notified if she were to transfer the deed to me, it would trigger the due on sale so she has agreed to keep the loan in her name and let me rent out the home. I would like to create an agreement to protect us both. Can someone help with what type of agreement this would be ? A sublet agreement? And can we maybe attempt to do a deed transfer in a couple of years after things have settled down or will i face the same issue? I don't want to go through the loan process as I don't want my debt ratio too high to purchase other properties. Its a VA loan with a low rate....Any advice and direction is greatly appreciated.

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