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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default Buying Mortgaged Property

    My question involves real estate located in the State of: Oklahoma. I am wanting to buy some land that adjoins my property, but the owner has a lien against all of the property her house included for 3 more years. Can i buy the tract of land from her without getting in a bind with her bank, or getting me in a bind.

  2. #2
    Join Date
    Jan 2006
    Posts
    21,265

    Default Re: Buying Mortgaged Property

    generally, no, you cannot. Many (most) mortgage loans have a due on sale clause that is activated if the title to the mortgaged property changes title.

    You can enter into an agreement to purchase the land or you could she could ask the bank if they would release this portion of the total property from the lein so she can sell it.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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