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Documents cannot be legally notarized unless all participants are present with the required identification. Likewise when refinancing or using a line of equity all involved parties must be present at the signing of documents. The exception would be a representative of the borrower(s) who has POA or other legal instrument allowing the action.

2006-07-14 12:33:04
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Can anyone mortgage any property without the signature of the registered owner or does it require the signature of the owner?

Of course not. When a property owner gives a mortgage to the bank they must sign over an interest in their property so that if they default on the mortgage the bank can take possession of the property by forelosure. You cannot pledge property as security for loan if you don't own the property. Granting a mortgage to a lender requires the consent and signature of the owner.Of course not. When a property owner gives a mortgage to the bank they must sign over an interest in their property so that if they default on the mortgage the bank can take possession of the property by forelosure. You cannot pledge property as security for loan if you don't own the property. Granting a mortgage to a lender requires the consent and signature of the owner.Of course not. When a property owner gives a mortgage to the bank they must sign over an interest in their property so that if they default on the mortgage the bank can take possession of the property by forelosure. You cannot pledge property as security for loan if you don't own the property. Granting a mortgage to a lender requires the consent and signature of the owner.Of course not. When a property owner gives a mortgage to the bank they must sign over an interest in their property so that if they default on the mortgage the bank can take possession of the property by forelosure. You cannot pledge property as security for loan if you don't own the property. Granting a mortgage to a lender requires the consent and signature of the owner.


Can a Pennsylvania notary Notarize an article of agreement in West Virginia for a West Virginia property?

Notaries do not notarize documents. They notarize signatures, and they are only permitted in the state by which they are licensed. It does not matter what the document is. If the document is signed in Pennsylvania in the presence of a Pennsylvania notary, that notary can notarize the signature. If the document is signed in any other state, or outside of the presence of the notary, the notary cannot notarize the signature.


Can a home be foreclosed on when the mortgage is in a different name from What is on the deed?

Yes, if the person whose name is on the mortgage owned the property at the time they signed the mortgage. If they subsequently transferred the property, it was transferred subject to the mortgage.If the person who signed the mortgage did not own the property at the time, the mortgage is not enforceable.Yes, if the person whose name is on the mortgage owned the property at the time they signed the mortgage. If they subsequently transferred the property, it was transferred subject to the mortgage.If the person who signed the mortgage did not own the property at the time, the mortgage is not enforceable.Yes, if the person whose name is on the mortgage owned the property at the time they signed the mortgage. If they subsequently transferred the property, it was transferred subject to the mortgage.If the person who signed the mortgage did not own the property at the time, the mortgage is not enforceable.Yes, if the person whose name is on the mortgage owned the property at the time they signed the mortgage. If they subsequently transferred the property, it was transferred subject to the mortgage.If the person who signed the mortgage did not own the property at the time, the mortgage is not enforceable.


Can an owner of a life estate in Kentucky take out a mortgage on their property?

No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.


Can an ex wife place a mortgage lien on the property if she already quitclaimed her interest in the property?

No. Only the owner can grant a mortgage on a property.No. Only the owner can grant a mortgage on a property.No. Only the owner can grant a mortgage on a property.No. Only the owner can grant a mortgage on a property.


Can a husband sell a home without his wife's signature on the deed even though her name is on mortgage paperwork?

Ownership depends on the names on the deed to the property and not the mortgage. The right to sell depends on who owns the property. All the grantees on the deed have to sign the instrument conveying the property to a new owner. If the wife's was a grantee on the deed, her signature is needed to convey the property to a new owner.If his wife's name is not on the acquisition deed for the property then a husband may sell the property without her signature on the deed in most jurisdictions that are separate property states. However, in community property states a spouse must consent to the conveyance. At one time a wife had something called a "dower interest" in her husband's solely owned property and she would need to sign any deed conveying the property. However, dower has been abolished in most states. You should seek the advice of a local attorney to determine what your rights are and how the deed must be executed in your jurisdiction.


Where can I find an expert on commercial property mortgage in Detroit, MI?

A commercial mortgage company called Signature Associates (signatureassociates.com) services your area along with Lansing, Grand Rapids and Kalamazoo.


Is your property in Michigan exempt if you do not pay your mortgage in Florida?

Your property in Michigan would not be affected by your mortgage in Florida.Your property in Michigan would not be affected by your mortgage in Florida.Your property in Michigan would not be affected by your mortgage in Florida.Your property in Michigan would not be affected by your mortgage in Florida.


What is the difference between renting a property and having a mortgage?

The difference between renting a property and having a mortgage is that when you have a mortgage you are buying the property.


Who has a mortgage?

Property and/or homeowners have a Mortgage


What do you do if you inherit a reverse mortgage?

If you inherit property that is subject to a reverse mortgage you must make arrangements with the bank to pay off the mortgage if you want to keep the property. If not then the bank will take possession of the property under the terms of the reverse mortgage.If you inherit property that is subject to a reverse mortgage you must make arrangements with the bank to pay off the mortgage if you want to keep the property. If not then the bank will take possession of the property under the terms of the reverse mortgage.If you inherit property that is subject to a reverse mortgage you must make arrangements with the bank to pay off the mortgage if you want to keep the property. If not then the bank will take possession of the property under the terms of the reverse mortgage.If you inherit property that is subject to a reverse mortgage you must make arrangements with the bank to pay off the mortgage if you want to keep the property. If not then the bank will take possession of the property under the terms of the reverse mortgage.


What part of speech is mortgage?

Mortgage is a noun, a verb, or an adjective (at least).I own the mortgage on your property.You will mortgage one property to pay for another.Whatever else, that is a mortgaged property.


Can one trustee get a loan on property in trust without the signature of the other trustee's knowledge?

bank mortgage was never recorded with the county. what happens


Can x sell the house if your name is on the deeds and not mortgage?

Your interest in the property cannot be sold without your consent and signature. If your ex-spouse sells the property he/she can only sell a half-interest.


What is an antonym of mortgage?

There is no antonym of mortgage. The opposite of owning a property that is encumbered by a mortgage is owning a property that is free of any debt.


What is an unreleased mortgage?

An unreleased mortgage is a mortgage against a property that has been recorded in the land records for which no discharge has been recorded. In other words, it is still an outstanding lien against the property. The property cannot be sold until the mortgage is discharged.An unreleased mortgage is a mortgage against a property that has been recorded in the land records for which no discharge has been recorded. In other words, it is still an outstanding lien against the property. The property cannot be sold until the mortgage is discharged.An unreleased mortgage is a mortgage against a property that has been recorded in the land records for which no discharge has been recorded. In other words, it is still an outstanding lien against the property. The property cannot be sold until the mortgage is discharged.An unreleased mortgage is a mortgage against a property that has been recorded in the land records for which no discharge has been recorded. In other words, it is still an outstanding lien against the property. The property cannot be sold until the mortgage is discharged.


Your wife and her father have a home with both their names on the deed. The mortgage loan is in his name alone. Can he refinance the home without her signature?

No. If the loan is in the father's name only, he probably owned the property (hence the mortgage) prior to changing the deed to include your wife. Once he added your wife as co-owner of the property he lost his rights to individually make decisions concerning the property. He cannot refinance or in any other way reconvey the property or any interest in the property without the signature of your wife. She will have to sign the mortgage since she is on the title. He can execute the note by himself, and be solely responsible for paying the loan, but the lender will need her written consent on the mortgage so that in the case of a default, the lender can take possession of the property via foreclosure.


How do you cancel a mortgage?

Pay it off. The paperwork will be returned to you signifying it has been paid in full. Take this paperwork and go to the County Real Estate Records Office and the Tax Collectors Office and record the property as being without encumbrances of any kind..


Does mortgage holder or deed holder sign at closing?

If the property is subject to a mortgage the mortgage must be paid off at the time of the sale of the property to a new owner. The holder of the mortgage must provide a signed release of the mortgage that can be recorded in the land records.The owner of the property signs the deed that transfers the property to the new owner.The new owner of the property signs the new mortgage.


Does a sheriffs deed of trust eliminate a 1st Senior Mortgage?

No. The mortgage remains in first place as an encumbrance against the property.No. The mortgage remains in first place as an encumbrance against the property.No. The mortgage remains in first place as an encumbrance against the property.No. The mortgage remains in first place as an encumbrance against the property.


Is mortgage better than a loan?

A mortgage is a loan secured by your real estate. If you own real property you can borrow more with a mortgage.A mortgage is a loan secured by your real estate. If you own real property you can borrow more with a mortgage.A mortgage is a loan secured by your real estate. If you own real property you can borrow more with a mortgage.A mortgage is a loan secured by your real estate. If you own real property you can borrow more with a mortgage.


What happens to the mortgage loan when bought on a tax deed sale who is responsible or will the bank put a lien on the property?

A mortgage IS a lien on the property. The bank already has an interest in the property that was perfected as soon as the mortgage was recorded in the land records. If you purchase property that is subject to a mortgage, the mortgage must be paid or the bank will take possession of the property by foreclosure.


Can a deed be transferred to administrator of estate when a mortgage exists?

The estate must be probated. The property can be transferred with court approval but it is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure.The estate must be probated. The property can be transferred with court approval but it is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure.The estate must be probated. The property can be transferred with court approval but it is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure.The estate must be probated. The property can be transferred with court approval but it is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure.


Can the mortgage holder sell the house if my name is on the deed?

Yes, but only if you have defaulted on the mortgage. When you granted the mortgage you gave the lender an interest in the property that it could foreclose if you do not keep up payments on the mortgage. The lender can sell the property to recover the debt. If your name went on a deed after the mortgage was granted, and the mortgage was granted by the owner of the property at the time of the mortgage, the bank has a superior claim and can take the property if the mortgage isn't paid.


Can a joint mortgage be renewed by one person?

A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.