The loan doesn't 'override the will'. It is a matter of rights in property and debts. The debts of a testator must be paid before any property is distributed to the heirs. In the case of a mortgaged property, the testator doesn't own the property free and clear so she can't give it to her heirs. She conveyed it to a bank in return for a large sum of money while she was living. The bank owns a security interest in the property until the money has been repaid.
The heirs have the option of paying the loan on the property (if they want to keep it), conveying their interest to the bank or or allowing the bank to take possession by foreclosure.
Yes. The bank must get a court judgment and can then record a lien in the land records against your real estate.
i am not sure about it but today i went to the bank for the same as i also needs loan against my agriculture land. The person there said yes to me that SBI bank gives loan against agriculture land. So i hope so that this bank gives loam against agriculture land.
yes
In Ohio, signing a quick claim deed to land and a house when your name is on the loan will still make you legally responsible for the loan.
You can only recover what the loan was for--house, land and so on.
collateral like house or land
In Ohio, if you sign a quick claim deed to land and a house when your name is still on the mortgage loan, you will still be responsible to the bank.
A normal mortgage is borrowing money to buy a house. A construction mortgage is when you own a house and borrow money against the house for repairs or renovations.
you'd need to get a Loan against the house
You ca get the loan with just the land, however due to the the credit crunch that affected many banks, you should have a really good credit rating, and even so you may have to put some cash down. This also determined by the value of the land in order to get a loan off the land.
Sell other assets to resolve the debt. Or take a loan out against the house.
You can seek a loan against house equity from a bank.