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Does a creditor lose collection rights on a foreclosed property they had a lien on?
Wiki User
∙ 11y ago
If the lien took precedence over the mortgage (real estate taxes, for example), it would have to be paid by the mortgagee or it could not deliver a clear title to a subsequent buyer.
If the lien did not take precedence, then the creditor loses the right to execute its lien, but the debt remains and the debtor is still liable to pay the debt.
Wiki User
∙ 11y ago
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Who do you sue if you were assaulted on a foreclosed property the foreclosed owner or bank who owns?
They aren't responsible, how about the person who told you to be there or the person who assaulted you. Maybe nobody. The bank is the legal owner of the property. The former owner has no rights to the property and therefore is not liable. But the first person you should sue is the person who assaulted you, unless they assaulted you in relation to trespassing on a foreclosed property, in which case, you have no case. Consult a Lawyer.
What are the rights of the secured creditor?
To receive the proceeds, before others, fom the sale of the secured property.
What rights are available to the person that has a lien second to the bank on a property that has already sold at a foreclosure sale?
Hate to tell you, but in WA, none. The senior lien has already foreclosed, any any junior lien (including deed of trust or mortgage) was foreclosed with it.
What happens to the owner of a mobile home during a foreclosure?
Real property is not actually owned until the property is paid for in full. A buyer of a mobile home loses all ownership rights to the property when it is foreclosed on. A resident/buyer loses ownership rights to the property and will have to vacate the premises within the length of time specified in the foreclosure action.
After a relief from stay is granted to the mortgage company is the property still a part of the bankruptcy estate or does the mortgage company now have ownership rights to the property?
It is still yours until foreclosed formally...the stay just means they can do so.
What are your rights if the building where you are renting the apartment is foreclosed?
If your property is foreclosed, either you have the same landlord until the property actually changes hands, or you have a new landlord who can exercise his own rules, including evictions. If your landlord still has control over the property he can still collect rent, and he can still evict you if you don't pay it. When the new landlord takes over you must follow that landlord's instructions for rent payment or vacating the premises.
How do you remove a paid collection from your credit report if you paid even though disputed and did not agree with it and provided proof to original creditor who still sent you to a collection agency?
Don't let a collection agency push you around. As a consumer you have many rights. The best places for anyone to exercise their rights are in small claims courts. For less than $100 you can bring a collection agency to their knees.
Discuss the rights of surety against the creditor and the principal debtor?
rights of surety against principal debtor and principal creditor
When the original creditor on a second mortgage charges off the loan as bad debt can a collection agency foreclose on the mortgage?
They (collection agency) would first have to buy the mortgage rights from the original creditor (usually for just pennies on the dollar), before they could take action. Normally speaking though, once a charge off has occured, the chances are slim that a 2nd party would buy those rights due to high risk/low chance of recovery of assets and/or cash as the original creditor has probably already tried applying the max legal pressure (hiring a collection agency) to collect the debt.
Can a creditor sell your account after filing bankruptcy?
Sure...it doesn't change the rights of the creditor...or your obligations as a dedtor...the buyer probably paid very little and is hoping your BK will pay the debt off at a higher amount. Basically, a creditor may sell his rights at any time....it is does not change your obligation under the loan at all. To clarify, it does not mean the new creditor can disregard the bankruptcy and any bar on collection activities that may be in force just because they just bought the debt. They only get the rights to what you would have paid the original creditor in the bankruptcy - they "step into the shoes" of the one they bought from.
I cosigned a mortgage for another person but I am not on the deed. What are my rights?
Actually, you have no rights. All you have is an obligation to pay the mortgage if the primary borrower doesn't pay. If you co-signed a mortgage for property that is owned by another person you have offered to pay the mortgage even though you have no rights or interest in the property. If the borrower defaults the bank will go after you for payments just as you promised when you signed the mortgage. If the mortgage is foreclosed it will be reported on your credit record.
What are my rights as a guaranteer?
Assuming that there is a written agreement showing that you agreed to serve as a guarantor on behalf of a creditor, the guarantor (or as you call it, a guaranteer) generally has the same rights and defenses against a creditor as the debtor would have. Often, the written agreement guaranteeing the creditor, will spell out what rights and defenses a guarantor may assert.
