Taking over an existing mortgage: who can, how, and what it takes
Family transfers
Desk answer
Federal rules protect certain transfers, such as to a relative after death or to a spouse in a divorce, from due-on-sale enforcement. A confirmed successor in interest can get information from the servicer and may assume the loan. Contact the servicer early and ask how to be confirmed.
Last reviewed against the primary sources listed below.
Common cases
- Heir after a death.
- Spouse after divorce.
- Transfer into a living trust.
Assumption questions
Can I keep my parent's mortgage after they die?
Often yes, as a confirmed successor in interest.