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Can a surviving spouse negotiate final payment on a home equity loan that they were not a borrower for?
Wiki User
∙ 13y ago
Yes, however, the answer depends on specific situations associated with the partnership/marriage and the state in which they live in.
If the state is a communal property state and the surviving spouse that is not a borrower had ANY benefit from the loan, that spouse owes the money as a borrower (despite not being a borrowing party on the loan). In this case, if the surviving spouse is not in a position to pay for the loan, a negotiation would be warranted soon after the (within a month or two of) deceased spouses death.
If the state is a non-communal property state, the estate of the deceased spouse will first be looked to in order to provide the funds to pay off all debts. If there are enough assets to cover the debt, the loan will be paid in full, regardless of the surviving spouse's wishes as the lender's rights come before those that may be beneficiaries to any estate proceeds.
If there are not enough assets to cover the loan, the lender may look to liquidate the asset (the surviving spouse's home) in order to satisfy the debt. If the home is NOT in the surviving spouse's name (either through joint tennancy or named ownership), the surviving spouse may not be able to intervene.
Wiki User
∙ 13y ago
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What happens when a mortgage defaults after a gift of equity?
The title to the property was transferred to the new owner at below market price. The difference between the transfer price and the fair market value is called a gift of equity and some lenders will allow the borrower to use that amount as a down payment. If there is a default in paying the mortgage the lender will take possession of the property by foreclosure. As with any cash down payment, in the case of a foreclosure the gift of equity is gone. You don't get the down payment back.The title to the property was transferred to the new owner at below market price. The difference between the transfer price and the fair market value is called a gift of equity and some lenders will allow the borrower to use that amount as a down payment. If there is a default in paying the mortgage the lender will take possession of the property by foreclosure. As with any cash down payment, in the case of a foreclosure the gift of equity is gone. You don't get the down payment back.The title to the property was transferred to the new owner at below market price. The difference between the transfer price and the fair market value is called a gift of equity and some lenders will allow the borrower to use that amount as a down payment. If there is a default in paying the mortgage the lender will take possession of the property by foreclosure. As with any cash down payment, in the case of a foreclosure the gift of equity is gone. You don't get the down payment back.The title to the property was transferred to the new owner at below market price. The difference between the transfer price and the fair market value is called a gift of equity and some lenders will allow the borrower to use that amount as a down payment. If there is a default in paying the mortgage the lender will take possession of the property by foreclosure. As with any cash down payment, in the case of a foreclosure the gift of equity is gone. You don't get the down payment back.
Can a bank require the borrower to pay down a home equity line of credit?
It depends on the loan documents. I imagine most promissory notes for these type of loans have some paragraph in there which gives the lender this right.AnswerA home equity line of credit is a mortgage and, of course, the bank can require the borrower to make payments. The payment terms are in the documents that you executed when you granted the mortgage to the lender.
Are home equity loans secured by borrowers assets?
Yes, given that the "borrower's assets" in this case are the equity the borrower has built up in their home. In a home equity loan, you are borrowing your own money, in effect. And if you don't pay it back to yourself, it comes out of the value of your home when you sell it.
Can My Equity Injection Be Borrowed?
Ideally the borrower will place a minimum of 10% in their personal funds into the project. The down payment can be borrowed, however business owners must show that there's sufficient income to service the debt.
Can a home equity loan be used for a downpayment on another home?
A home equity loan is a type of loan in which the borrower uses the equity in their home as collateral. There is no restriction on how we can use the money from Home Equity Loan.
What happens when a mortgage defaults after a gift of equity?
The title to the property was transferred to the new owner at below market price. The difference between the transfer price and the fair market value is called a gift of equity and some lenders will allow the borrower to use that amount as a down payment. If there is a default in paying the mortgage the lender will take possession of the property by foreclosure. As with any cash down payment, in the case of a foreclosure the gift of equity is gone. You don't get the down payment back.The title to the property was transferred to the new owner at below market price. The difference between the transfer price and the fair market value is called a gift of equity and some lenders will allow the borrower to use that amount as a down payment. If there is a default in paying the mortgage the lender will take possession of the property by foreclosure. As with any cash down payment, in the case of a foreclosure the gift of equity is gone. You don't get the down payment back.The title to the property was transferred to the new owner at below market price. The difference between the transfer price and the fair market value is called a gift of equity and some lenders will allow the borrower to use that amount as a down payment. If there is a default in paying the mortgage the lender will take possession of the property by foreclosure. As with any cash down payment, in the case of a foreclosure the gift of equity is gone. You don't get the down payment back.The title to the property was transferred to the new owner at below market price. The difference between the transfer price and the fair market value is called a gift of equity and some lenders will allow the borrower to use that amount as a down payment. If there is a default in paying the mortgage the lender will take possession of the property by foreclosure. As with any cash down payment, in the case of a foreclosure the gift of equity is gone. You don't get the down payment back.
Can a bank require the borrower to pay down a home equity line of credit?
It depends on the loan documents. I imagine most promissory notes for these type of loans have some paragraph in there which gives the lender this right.AnswerA home equity line of credit is a mortgage and, of course, the bank can require the borrower to make payments. The payment terms are in the documents that you executed when you granted the mortgage to the lender.
Are home equity loans secured by borrowers assets?
Yes, given that the "borrower's assets" in this case are the equity the borrower has built up in their home. In a home equity loan, you are borrowing your own money, in effect. And if you don't pay it back to yourself, it comes out of the value of your home when you sell it.
Can My Equity Injection Be Borrowed?
Ideally the borrower will place a minimum of 10% in their personal funds into the project. The down payment can be borrowed, however business owners must show that there's sufficient income to service the debt.
Can a home equity loan be used for a downpayment on another home?
A home equity loan is a type of loan in which the borrower uses the equity in their home as collateral. There is no restriction on how we can use the money from Home Equity Loan.
Is there an equity of redemption for a second mortgage holder in Connecticut?
Equity redemption is a right that only applies to owner/mortgagor/borrower not lender/mortgagee; therefore, the answer is NO.
Are home equity loans harder or easier to obtain than other types of loans?
A home equity loan (sometimes abbreviated HEL) is a type of loan in which the borrower uses the equity in their home as collateral. These loans are useful to finance major expenses such as home repairs, medical bills or college education. A home equity loan creates a lien against the borrower's house, and reduces actual home equity.
What is meant by equity credit lines?
A home equity line of credit is a loan in which the lender agrees to lend a maximum amount within an agreed period (called a term) where the collateral is the borrower's equity in his or her house.
What is debt to equity conversion?
Debt to equity conversion is also known as hybrid transaction or debt-equity swap. In such a swap, the borrower is allowed to convert his debt into equity shares and the lender of the loan, hence, becomes the shareholder in due process.
What is the meaning and origin of Share based payment?
SHARE-BASED PAYMENT is a transaction in which the entity receives or acquires goods or services either as consideration for its equity instruments or by incurring liabilities for amounts based on the price of the entity's shares or other equity instruments of the entity. The accounting requirements for the share-based payment depend on how the transaction will be settled, that is, by the issuance of (a) equity, (b) cash, or (c) equity or cash.
How does one get real estate equity?
Real estate equity is the market value of the property after subtracting outstanding loans. You can improve your equity by making payment towards the loans.
Where can one find a home equity loan payment calculator?
There are a number of financial sites that offer a a home equity loan payment calculator. These can be found on sites such as Bank of America and the Chase Bank website.
