Can you transfer by deed a house that has a mortgage on it? Most mortgages have a “due on sale” clause. This clause means that whoever gets the home will have to pay the entire balance of the mortgage as soon as it’s transferred. This means the old mortgage has to be paid in full immediately, and the new buyer has to get a new mortgage on the house. Therefore, the mortgage lender must be consulted before making a transfer. Federal law does allow for some exceptions to the "due on sale" clause. Read further on this page for more information. Consulting an attorney is also recommended.