Yes. You can grant a mortgage on property owned in fee simple that is subject to a life estate. However, the life tenant must give their written consent by signing the mortgage. That way the lender can take possession by foreclosure, free and clear of the life estate, in the case of a default.
Yes. If property is subject to a life estate and then it's conveyed by deed, the property remains subject to the life estate until the life tenant dies or releases their life estate in writing.
They can only sell their rights to the property. Which only last as long as they live. No one would accept a mortgage on a life estate.
Yes. You could have a deed drafted that conveys your property to eight children while reserving a life estate for yourself.
The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.The life tenant does not have to sign the deed that creates the life estate unless there are specific conditions mentioned in that deed that will obligate the life tenant.In order for the property to be conveyed free of the life estate the life tenant must sign that deed as their consent.
The person who is receiving the life estate must be listed as grantee in the deed along with the clear intention that only a life estate is granted. The deed should be drafted by a professional who can discuss the consequences and responsibilities associated with granting a life estate.
The essential features of an estate in fee simple are that you can transfer the property by deed during your life and leave it to your heirs after your death. It is absolute ownership.
Probably not, check your mortgage for what can be done with the property. Lenders do not like property encumbered with life estates.
Yes. The person who owns the life estate can execute a quitclaim deed to the fee owner that releases all of their right, title and interest in the property. A statement can be added to the deed stating that the purpose of the deed is to extinguish the life estate. Once that release deed has been recorded the property will be free of the life estate.
That is a good question, and it depends. If the mortgage was obtained before the life estate was created, but the life tennant and remainder men are "responsible" as the bank can forclose against the entire property. If it was after the life estate was created, then you will have to see if the mortgage attached only to the life estate or the remainder interest (or both.) These details can be found by looking at the title history for the property and the Deed of Trust (and any agreements between the current owners.) As these documents can be legally "dense", you should contact an attorney.
I will assume you conveyed your property to a family member and reserved a life estate in that deed. You may be able to obtain a reverse mortgage but the new owners of the property will need to sign their consent to the mortgage. In my area of Massachusetts the banks are granting reverse mortgages to seniors who retained life estates when they conveyed their real property to their children as long as the children join in signing the mortgage.
You have asked an interesting question. If a person (A) was granted a life estate by deed and there was no remainder interests mentioned in that deed then the fee remains with the owner (B) who granted the life estate. When B dies the property will become part of their estate and will remain subject to the life estate.
If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.