INFONAVIT Loan Transfer: Risks and Safe Alternatives

When someone bought a home with an INFONAVIT loan and, years later, decides to sell it while still owing part of the mortgage, a very common question comes up: can that loan be "transferred" to someone else? The short answer is that the loan itself is personal and non-transferable, but there are ways to buy or sell a home that still has an active loan. In this guide we explain what a "transfer" really means, how it differs from an assignment of rights (cesión de derechos), what the risks are, and how to protect yourself throughout the process.

What is an INFONAVIT loan transfer?

In everyday language, "loan transfer" (traspaso de crédito) describes a transaction in which a person sells a home that still has an active INFONAVIT loan, and the buyer "takes over" the property. However, one key point needs clarifying: the loan granted by the Institute is in the name of a specific derechohabiente (eligible worker), and in general terms it is not passed from one person to another like a credit card.

What does happen in practice is that the home changes hands through various legal mechanisms, and the debt with the Institute is either paid off or restructured in some way. That is why it helps to understand that "transferring the loan" does not usually mean literally inheriting the mortgage, but rather resolving the status of the property and the debt through an appropriate mechanism.

Assignment of rights vs. formal transfer

There are two scenarios that people often confuse. Telling them apart is essential to know how safe the deal being offered to you really is.

Assignment of rights (cesión de derechos)

An assignment of rights is a contract in which the holder "assigns" to you the rights they have over a property, usually without immediately putting the deed (escrituras) in your name. It is a mechanism frequently used in the informal market, but it carries significant risks because the home may continue to appear, legally, in the seller's name. We cover this topic in more depth in our guide on the assignment of rights on a home.

Formal transfer or sale (compraventa)

The safest route is a sale formalized before a notary public (notario público), in which the outstanding balance of the INFONAVIT loan is paid off as part of the transaction and the property is deeded in the new owner's name. Here the buyer can pay in cash, with another loan, or even with their own INFONAVIT loan, depending on the case. If you are looking for homes that can be acquired under this arrangement, check our guide to homes that accept INFONAVIT loans.

Risks you should know about

Transferring a home with an active loan is fertile ground for misunderstandings and, in the worst cases, for fraud. Before committing, keep these dangers firmly in mind.

If you have any doubt about the legitimacy of an offer, seek professional advice. In our section on how to avoid real estate fraud you will find warning signs and practical recommendations to avoid being scammed.

General requirements

Although every case is different and conditions may vary, most transactions involving a home with an active INFONAVIT loan typically include the following elements. Always confirm them with the Institute and a notary before moving forward.

• Know the actual outstanding balance of the loan with the Institute.
• Verify that the home is free of additional liens.
• Have property tax (predial), water, and maintenance fees up to date.
• Have the deeds (escrituras) and the property's registry status in hand.
• Define how the debt will be paid off: cash, another loan, or an authorized arrangement.
• Official IDs and complete documentation from both buyer and seller.

If the buyer plans to use their own loan to purchase the home, it is wise to first review the requirements the home must meet to qualify for a loan.

The role of the notary

The notary public (notario público) is one of the most important figures in making these kinds of transactions legally secure. It is not an optional expense you can skip: it is your guarantee that the sale is properly formalized.

Going to the notary from the very beginning helps avoid most of the problems associated with informal transfers. If a seller insists on avoiding the deed registration, treat it as a red flag.

Precautions before signing

A well-executed transfer can be a great opportunity; a poorly structured one, a costly problem. These precautions will help you decide with a clear head.

Remember that official, up-to-date information is always found on the Institute's portal. If you have any questions about amounts, processes, or options, verify directly, since the rules can change over time.

Frequently asked questions

Can I pass my INFONAVIT loan to another person?

In general terms, the loan is personal and non-transferable. What can be done is to sell the home and resolve the debt through a formal transaction. Confirm your specific case with the Institute.

Is it safe to buy a home "by transfer"?

It can be, if it is done through a sale formalized before a notary and the debt is properly paid off or restructured. Informal transfers, without a deed, are where most of the risks are concentrated.

What is the difference between an assignment of rights and a transfer?

An assignment of rights usually leaves the property in the seller's name and carries more risk, while a formal sale puts the deed in your name. Check our guide to the assignment of rights for more detail.

Is a notary mandatory?

To provide legal certainty and properly register the deed, a notary is essential. Avoiding deed registration is one of the main causes of fraud in this type of transaction.