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Can you sell a mortgage if your exspouse is still on note?

Updated: 8/18/2019
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13y ago

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All parties named on the mortgage note must be in agreement to sell it in order to claim the proceeds from the sale. This should be done with the advice and council of an attorney.

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13y ago
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Q: Can you sell a mortgage if your exspouse is still on note?
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Where can you sell a mortgage note?

There are a few companies that will purchase mortgage notes but an individual can also sale a mortgage note to another individual. These companies include FNAC USA, Nicholas Dicaro, and The Mortgage Buyer.


What is the difference between a mortgage lender and a mortgage noteholder?

Mortgage lenders provide the actual money for the loan and take homeowners through the funding/approval process. Mortgage lenders may sell your mortgage to an investment bank after it is funded, and that investment bank becomes the note holder. Any bank that buys your mortgage after it is funded becomes the note holder.


Can 1 person sell a home if 2 people are on mortgage but 1 signed over the deed?

The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.


Can you sell your house that you have only owned for one year?

Working as a mortgage loan officer for close to 20 years, typically selling the house you have purchased one year ago, with a high loan to value, will result in you taking a loss after paying realtor fees and other expenses. You should be able to still sell! However, if you have what is known as a hard pre-payment penalty in your note rider or mortgage, there will be the expense paid to the lender to pay off the mortgage early. This can range from 1% of the mortgage balance to up to 6 months worth of interest. If you have a soft pre-payment penalty, the lender does not charge you this penalty for selling the house, only if you refinance for different terms. Check your Mortgage and your Mortgage Note and if applicable, the Mortgage Note Rider. These documents should have been given to you at closing.


If one person is on the deed and two people signed the note can the person on the deed sell the property without permission satisfy the mortgage and collect the proceeds?

Of course. A person who signs a note and is not on the deed is simply a volunteer. They have volunteered to pay a mortgage on property they don't own if the primary borrower defaults. The owner of the property can sell the property and pay off the mortgage from the proceeds at any time.


How do you sell a home with homeowner carrying the mortgage?

The proceeds of the sale can be used to pay off the remaining mortgage.AnswerYou must use the services of an attorney if you want to sell your home and take back a mortgage. The mortgage and note must be properly drafted for your state so that you are fully protected should the mortgagor default and you need to foreclose and take possession of the property.


If your name is not on the promissory note or equity line for a home your husband owns are you responsible for them if your name is on the mortgage?

I am a mortgage broker and the answer to this question lies in the section of the mortgage document entitled: Joint and Several Liability. No you are not responsible for the note. The promissary note is the promise to pay. The mortgage clause will say that any Any borrower who co-signs the mortgage (security instrument) but does not execute the Note is co-signing only to mortgage, grant adn convey his/her interest in the property and is not personally obligated to pay the sums secured by the mortgage... this goes for the signer of the note extending or modifying the mortgage by perhaps getting a home equity line. You are not obligated financially. Are you on the title? That is the question. If you are on the title you own the home without any financial responsibility for the home and both of you on the Title must agree to sell the home, and one without the other cannot convey their interest in the property.


If you sold your home and did not sell for enough to pay the first and second mortgage what happens to the second mortgage lien?

Was the 2nd lien included in and discharged in your bankruptcy? If not, then that lien still encumbers the title to the property and is probably a debt you still owe.


How can you sell an existing mortgage note?

How To Sell Your Mortgage Note:You must first search for a reputable real estate investor either online or in a local directory.Real estate investors, also known as mortgage buyers or note buyers, arethose that pay lump sums of cash to purchase notes such as mortgagenotes, promissory notes, land contracts and trust deeds.These buyers can offer a "Full Purchase Option" which is for the entire note or a "Partial Purchase Option" which is for a specific amount of payments. However,keep in mind that no mortgage buyer will pay full price of the note balance. These investors are looking for what's called "safe yield" on a discounted note. On average a mortgage note buyer is looking to pay 30% to 50% less than the note balance.Looking For A Buyer:Finding a mortgage note buyer is not that difficult if your looking to sell a mortgage note. However, when searching for a buyer, the following tips may help you in your search:Make sure the buyer, broker or locator is willing to help you all the way through the process from start to finish.Never pay to have a quote. A respectable mortgage buyer should offer you a free quote. Many can do this online and only takes a few minutes to complete.Make sure the mortgage buyer is willing to pay for all or most of the closing costs. Some do this, but many do not.Don't hesitate to negotiate for more money.Find out upfront what fees are required.If the offer is not as high as you hoped, be willing to ask for more money. Negotiating is common.


One person is on the deed and two people signed the note . Can the person on the deed sell the property without permission satisfy the mortgage and collect the proceeds?

Yes. A person who does not own the property but signs the note is simply a volunteer. They have volunteered to pay the mortgage if the primary borrower (the owner of the property) defaults. Signing a mortgage for property you don't own is a very bad decision.


If you put a bid in for a home for sale by Aegis Mortgage Corp and they have filed for bankruptcy will they still be able to sell it to you?

You can buy it from the bank


If you sign a promissory note for a down payment on a car and they do not sell you the car is the note still valid?

If you signed a promissory note and the person decided not to sell you the car, you do not have tobpaybthe down payment. The person has already voided the promissory note by not selling to you.