In most circumstances, a mortgage can't be transferred from one borrower to another. That's because most lenders and loan types don't allow another borrower to take over payment of an existing mortgage.
In some cases, though, a mortgage transfer is necessary and allowed, such as in the event of a death, divorce or separation, or when a living trust is involved.
A transfer of a mortgage is when a borrower reassigns an existing home loan to another person or entity.
"In essence, this transfers all responsibilities associated with the mortgage and lien on the property to somebody new," says Rene Segura, head of consumer lending for FBX, the banking division of Informa Financial Intelligence, based in Dallas.
This transfer, or assignment, is usually only allowed when the mortgage is assumable, says Rajeh Saadeh, a Somerville, New Jersey-based real estate attorney. When transferring an assumable mortgage, the new borrower agrees to make all future payments at the original interest rate. The transfer typically severs any legal obligations the original borrower has to the loan.
To find out if your mortgage is transferable, assumable or assignable, contact your lender and ask.
"Most lenders would prefer not to do a loan transfer, as it doesn't benefit them in any way unless the buyer is at risk of being in default," says Dustin Singer, a real estate agent and an investor in Pittsburgh.
Make no mistake: Most mortgages are not transferable from one borrower to another. That's true of conventional loans, which are not government-insured (meaning they're not an FHA, VA or USDA loan), as well as conforming loans that meet funding criteria for Fannie Mae and Freddie Mac.
"These types of loans tend to use a due-on-sale clause, which requires a loan to be repaid in full or conveyance of the full interest in a property to allow the mortgage transfer," says Segura. "In other words, the loan must be fully repaid, and a new mortgage would need to be executed to achieve a transfer."
Loans that are usually assumable, meaning you can transfer them in some cases, include:
Keep in mind there are exceptions to this rule, so not all loans will be transferable.
"FHA loans are typically assumable but depend on the current state of the loan and the creditworthiness of the new borrower at the time of attempted transfer," says Segura, adding that to complete the transfer, the new borrower would have to go through the application process and may need to have a property appraisal done, as well.
For VA loans, this same process applies, but only if the loan closed before March 1, 1988. VA loans closed after that date may require approval by the lender or loan servicer.
USDA loans may also be transferable pending lender approval.
Even if your mortgage has a due-on-sale clause and isn't assumable, there are certain circumstances under which your lender may approve a transfer. These include:
For these mortgage transfers to work, the new borrower needs to be added to the property's deed, the deceased owner needs to be removed from the deed or a spouse relinquishing ownership must sign a quitclaim deed.
Common situations for transferring a mortgage involve transferring to an immediate family member who has an ownership stake in the home, a family member who is better suited financially to take on the loan or to a relative or survivor after the death of the original borrower.
"All of these scenarios are still on a case-by-case basis in which the lender will need to approve the transfer," says Segura.
"Many people try to assume mortgages so they can take advantage of lower interest rates than what they would qualify for today," says Than Merrill, founder of FortuneBuilders in San Diego.
If your mortgage qualifies for a transfer, here's how the process might look:
Some state and local governments impose a one-time real estate transfer tax that must be paid any time a property is transferred from one person to another. In many cases, the seller must cover transfer taxes, but this varies by jurisdiction. The amount of the tax also depends on where you live, but it's usually either a flat rate or a percentage of your home's sale price.
Instead of transferring a mortgage, consider these alternatives:
Transferring a mortgage can simplify things: The new borrower wouldn't have to apply for a new loan, pay for closing costs or possibly risk paying higher interest rates. However, many kinds of mortgages aren't transferable, and if yours is, you'll have to prepare for a lot of paperwork to make it official.
"The mortgage transfer will require a lot of documentation, with several new guidelines and criteria on the loan," says Segura. "Read all documents thoroughly for any potential changes on the mortgage rights."
Also, keep in mind that a mortgage transfer doesn't change the debt obligation on the loan; the new borrower still needs to pay off the same outstanding balance.
If in doubt, consider discussing this option with a real estate attorney and skilled financial professional before proceeding.