The owner (mortgagor)of property subject to a mortgage cannot sell the interest in the property without the consent of the mortgagee.

Question

Quizplus · Accepted Answer

While the mortgagor cannot transfer the property free from encumbrances, they are still able to sell the property subject to the mortgage, but the mortgagee's lien will remain on the property. However, some mortgages may contain a due-on-sale clause, which would require the mortgagor to pay off the outstanding balance of the mortgage upon transfer of the property.

The Owner (Mortgagor)of Property Subject to a Mortgage Cannot Sell