September 1st, 2013:

We have read about how you can just deed your home to a “holding” company to avoid foreclosure. Does this work?

The one word answer … No! All standard mortgages today include a clause known as the “due on sale”. This clause states that if you sell, convey or transfer ownership of the property, the lender may invoke their right to acceleration, meaning they can “call the loan” making the entire balance due and payable.

Also remember that the mortgage, note and deed are entirely different animals. The deed only establishes ownership. It is the note that establishes who owes the money. The mortgage merely attaches the note to the property. You could deed a property to someone else, but the underlying note and mortgage (your obligation to pay) remain intact.

For more info, please visit us at www.destinfloridarealestate.com or email us at smith@realtor.com