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If a deed to secure debt in the state of Georgia is not recorded by a mortgage company is it legal and binding?
Wiki User
∙ 15y ago
Georgia is a "race notice" state and uses a deed as the security instrument for a debt affecting real estate.
What that means is any instrument that affects real property must be recorded in the land records to be effective notice against the world. If a lender fails to record a security instrument and subsequent liens are recorded against the property the subsequent liens take priority. If the error is discovered and the unrecorded deed to secure a debt is later recorded it becomes a junior lien if the borrower defaults.
If the deed to secure the debt was still unrecorded and owner of the real estate conveyed the property by a deed to an innocent third party purchaser that grantee would own the property and the lender would only have a monetary claim against the debtor.
Although the deed to secure a debt was not recorded it is still binding upon the property owner who signed it. This information is general information only. You should seek legal advice before making any changes in ownership.
Wiki User
∙ 15y ago
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How binding is a second mortgage made through individuals and not a mortgage company?
If the mortgage is recorded at the county recorders office, it's just the same. Why, are you trying to get out of a promise that you made to pay back a loan?
What does it mean that the mortgage company released the lien on your property?
It means that the lender recorded a notice in the land records that the mortgage has been paid. That notice releases the property from the mortgage lien.
Distinguish between senior mortgage and junior mortgage?
The only difference between a senior and a junior mortgages is the timing of when they are recorded. In rare circumstances, in the cases when a mortgage that was intended to be a second or junior mortgage is recorded first at the county recorders office, the mortgagee that was supposed to be recorded first has to get written permission from the other mortgage company to subordinate their position. Often times, this happen only when a monetary consideration is extended in return.
21st Mortgage Company is a Tennessee mortgage company and their web page says they do not offer financing in Massachusetts so how did they end up with my home mortgage?
The may have acquired your mortgage through an assignment from an affiliate. Also, they may be a servicing agent for the original lender. You can check the local land records to determine if an assignment of mortgage was recorded.
In Georgia how can you get a mortgage holder to divide a tract after a divorce?
Consult with your attorney and have them work with mortgage company. There may be additional requirements, like subdividing the tract, creating legal descriptions, etc.... A mortgage company may not be too happy letting one party off the mortgage when both are responsible now. An attorney can handle all of this for you.
What can a mortgage company do if mortgage had not been paid in 4 years?
What can a mortgage company do if mortgage has not been paid in 4 years
Who records a satisfaction of mortgage?
The same local county/parish Registrar or Recorder who recorded the Deed of Trust will record the satisfaction or reconveyance papers. Your mortgage company is responsible for filing the appropriate documentation.
In what state is First Option Mortgage located?
First Option Mortgage has it's head office in the state of Georgia. The office is located in Atlanta. The company is licensed in 42 states, and has branches across the United States.
How do you know if your foreclosure will be pursued by the mortgage company?
go ask the mortgage company.
Does the mortgage company verify your income?
Yes the mortgage company verifies income.
What is a chaffee mortgage?
A Chaffee mortgage is a mortgage obtained from this specific company. Chaffee is a company that will give out loans for homes to people who qualify.
What is corp adv fee?
These are any costs that a mortgage company has incurred in the collection or servicing of a mortgage. An example of a corporate advance fee would be if the second mortgage company makes a payment to the first mortgage company.
