[WSBAPT] Garn-St. Germain Depository Institutions Act - Definition of "Relative" for purposes of inheriting indebted property?

David Faber david at faberfeinson.com
Tue Apr 13 14:26:05 PDT 2021


(C)lient wants to leave their house to C's (N)iece in C's Will. The house
has a mortgage with nearly 30 years left. Garn-St. Germain Depository
Institutions Act, 2 U.S. Code § 1701j–3, Sec. (d)(5) exempts from the Due
on Sale or Transfer clause in C's Deed of Trust any "transfer to a relative
resulting from the death of a borrower." I cannot find a definition for
"relative" that satisfies me that  a niece would definitely be a qualifying
"relative", nor have I been able to find any secondary sources that discuss
in greater depth what exactly is meant by "relative". My gut tells me that
a niece should be considered a "relative", but I'm wondering if anyone has
any more concrete/specific guidance on this issue?

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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