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#34869 - 04/27/06 11:13 AM Gift Deed
DelCidsRealty Offline
Veteran Member

Registered: 02/04/05
Posts: 686
Loc: CA
Can anyone tell me a little more about Gift Deeds as it pertains to someone living in California? Can you just gift a property to someone close to your or relative? Or do they still have to qualify for the amount of the property or owed on loan?

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#34870 - 04/27/06 03:27 PM Re: Gift Deed
ky realtor Offline
Major Contributor

Registered: 04/21/05
Posts: 1785
Loc: kentucky
You might want to check with a real estate attorney in your state, but I don't think you can gift away property that has a mortgage; that might be considered "due on sale", meaning the full amount of the loan would be due if property is deeded away. If there is a mortgage, check to see if it is assumable.
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Comments made are my opinion, and not intended to be legal advice of any kind.

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#34871 - 04/27/06 08:04 PM Re: Gift Deed
AZLender Offline
Member

Registered: 02/20/06
Posts: 495
Loc: Mesa, Arizona
Gifts of equity are common among family members. You would need to qualify for the financing of the remaining balance owed along with closing costs, pre-paids and appraisal even if the mortgage is assumable.
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Mesa Foreclosures

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#34872 - 04/27/06 09:46 PM Re: Gift Deed
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3367
Loc: Central Illinois
Easier way is to put the property into a Land Trust and then make the person you want to gift it to the beneficiary! They can then just pay the mortgage till they would like to refi the property.

 Quote:
Originally posted by DelCidsRealty:
Can anyone tell me a little more about Gift Deeds as it pertains to someone living in California? Can you just gift a property to someone close to your or relative? Or do they still have to qualify for the amount of the property or owed on loan?
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Paul Oaks
Oaks Real Estate Group

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#34873 - 04/29/06 10:07 AM Re: Gift Deed
AZLender Offline
Member

Registered: 02/20/06
Posts: 495
Loc: Mesa, Arizona
Only a few states allow the creation of Land Trusts.
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Mesa Foreclosures

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#34874 - 04/29/06 10:08 AM Re: Gift Deed
AZLender Offline
Member

Registered: 02/20/06
Posts: 495
Loc: Mesa, Arizona
Is a good idea though...
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Mesa Foreclosures

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