How can ownership of a mortgaged house, whose installments are being paid to the bank by another party, be transferred to that party before the mortgage is released, in order to guarantee their right after the death of the current owner, who has agreed to the transfer?
The sale of a mortgaged item without immediate fulfillment of the mortgagee's right is a matter of scholarly disagreement. Some scholars consider it invalid, while others deem it valid but contingent upon the mortgagee's approval. If the mortgagee approves it, the sale is executed, and the price becomes the new mortgage. If the mortgagee does not approve it, the buyer has the option to either wait until the mortgage is released or annul the sale with the judge's knowledge. Based on the second opinion, it is permissible to purchase the mortgaged house from your aunt, but the sale is not executed until the mortgage is released, provided that the price and its term are known, and that the sale is genuine and not a stratagem to defraud the heirs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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