You need a lawyer. As far as I can remember, as long as the loan payments are kept up to date that bank has no foreclosure recourse. What should happen is that the bank should transfer responsibility for the loan payments to the daughters after probate/reading of the will. If the daughters collectively do not meet the banks requirements for a loan in the amount remaining due it becomes a whole other can of worms. Do yourself a favor and get a lawyer.
No. The bank cannot foreclose. However, if there has been a change in ownership the bank may call in the loan and require that the balance be paid off. You should seek the advice of an attorney.
No but if a home owner is behind on payments and needs a loan mod or short sale approval, proof is available at RestReport.com
No, not as long as they didn't co-sign the mortgage. However, if the parents have died and their property is subject to a mortgage the lender will foreclose on the property if the mortgage isn't paid. If the heirs want to keep or sell the property they must keep the mortgage payments current.
Reaffirmation does apply to Chapter 13 bankruptcies, and the benefit of filing a Chapter 13 case is that you are usually able to retain your home (as opposed to a Chapter 7 case, where all of your assets are normally sold). Customarily, the debtor and lender enter into an agreement within the bankruptcy to cure the arrearages over a period of time while the debtor continues to make monthly payments. That said, if the debtor falls behind on the payments, the lender can petition the court for relief from the automatic stay and proceed to foreclosure. A lender may never foreclose if the mortgage payments are current and the debtor is in compliance with the other provisions of the mortgage. If your lender is foreclosing and you believe that you have made your payments on time (or adequately cured the arrearage in the bankruptcy), then you should contact an attorney immediately.
Not likely. Think of it this way: If you pay your bills every month, does it matter where the money comes from? They can't do anything until you stop paying.
Yes. Any lien holder can initiate foreclosure proceedings when their lien is in default.
Yes. The second is subordinate to the first mortgage and therefore is at greater risk. If equity exists, the 2nd mortgage holder may receive payment for the debt when a senior lender forecloses. If there is not, then their lien on the property is wiped out and they must pursue the borrower in another fashion (such as a lawsuit). If the 2nd mortgage lender does not want the 1st lender to foreclose, they may choose to pay the 1st mortgage current before the foreclosure proceeds and attempt to collect or foreclose themselves.
Yes, although mortgage companies are more likely to modify a loan in default.
Yes, a mortgage calculator will help you in your decision to purchase a home. The mortgage calculator will also ask you for various inputs such as pre-tax income, current debt and debt payments, points on the mortgage loan, current rent payments and others to help make the decision.
Yes. Or the lender could choose to file for the automatic stay to be lifted and if granted proceed with foreclosure action before the BK is discharged. _________________________________________ If a person is current on the payments, and stays current, there is NO violation of the mortgage contract, and the lender would not foreclose. Miss a payment or two, and it will be treated as any other delinquent account. But until then, the status quo is maintained, the Chapter 7 not relevant.
Current mortgage rates for a 30 year fixed in Dallas would be about $ 600.00 a month. If you are in good standing and have credit payments may be less.
Maximum Mortgage What is your maximum mortgage? That largely depends on your income and current monthly debt payments. This calculator collects these important variables and determines your maximum monthly housing payment and the resulting mortgage amount.
If you are not behind on your mortgage payments, most likely we will not be able to begin the Short Sale process. We never advise a homeowner to stop making payments. If you are current on your mortgage but are unable to make your payments anymore, contact your lender. This would be a good time to proceed with a Loan Modification. If you do, however, become behind on your mortgage payments, we can assist www. disappearingmortgage . com you at that time.