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No. Who knows if the foreclosure will actually happen? Besides, the federal Protection of Tenants in Foreclosure Act give the tenants at least 90 days to get out, after the foreclosure sale.

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Q: Does a landlord have to tell you the state of property meaning if it going into foreclosure at the time of signing the lease?
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Who pays for a lease - landlord or tenant?

If there are any costs associated with drafting and signing the lease the landlord should pay. That would be part of the costs of having rental property.If there are any costs associated with drafting and signing the lease the landlord should pay. That would be part of the costs of having rental property.If there are any costs associated with drafting and signing the lease the landlord should pay. That would be part of the costs of having rental property.If there are any costs associated with drafting and signing the lease the landlord should pay. That would be part of the costs of having rental property.


What happens if the wife is on the mortgage and not on the note and the husband dies?

If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.


Is it illegal to rent your house if it is in default IF you properly disclose to the potential tenant that it is a month to month lease because the property is going to be in foreclosure?

The fact that a bank has begun foreclosure proceedings shouldn't have anything to do with signing a lease or month-to-month rental agreement. We can't be certain that the foreclosure will happen, or when. And, it could be that the bank with work with the owner if the place is rented, where they would not if it was empty.


Can one spouse bump the other off title to real estate in California by a refinance loan in their name only?

No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.No, of course not. They can only mortgage their own interest in the property and any legitimate, professional lender will require that both owners sign the mortgage so that in the case of a default it can take possession of the property by foreclosure. If only one owner executed a mortgage the lender could not take possession of the property if that borrower defaulted.Your title to the real estate can only be transferred by your signing a deed transferring your interest or by signing a note and mortgage transferring your interest to a bank.


Is a tenant liable for property damage if the landlord left an item in this case a bed frame on the property which the tenant started to use without permission and then broke?

Any item that was present at the time of rental or lease signing, if damaged, is to be repaired to the best ability of the tenant, or if repair is not possible, then the landlord is entitled to collect damages. Before the lease was signed, there should have been a "walk through" with the landlord or their appointed agent, and this item should have been removed from the property before the tenant took possession.


Can a bank come after you if you are on deed but not mortgage?

No. All the owners of property must grant a security interest in the property by signing the mortgage. If you owned the property at the time of the mortgage and didn't sign the mortgage, the lender made a serious error. The lender cannot take possession of your interest by a foreclosure and you are not responsible for paying the loan.However, if your name was added after that mortgage was granted the lender can take possession of the property by foreclosure if the mortgage is not paid, and you are out of luck. The lender cannot go to you for payment if you did not sign the mortgage and note.


Does a quitclaim deed remove you from financial responsibility?

No. A quitclaim deed changes the ownership interest in the property. This does not change or impact the loan note signed by the borrowers, both of whom retain join legal liability for the loan. Furthermore, most loan documents (usually the deed of trust or note) state that any changes to the ownership of the home without prior written consent of the lender constitutes a violation of the loan terms and may be considered a default.


Your mortgage company added your other property to your mortgage illegally 2 years after signing mortgage What can you do?

The mortgage company can not add another property to your existing note without you signing for it. If they have placed a lien on your property you can go to court and make them remove it. Pull your Mortgage or Deed of Trust (depending on what state you are in) and look at the addresses on it. If it does not show the second property, then they have no legal right to put a lien on it. I would go to the closing agent (title company or attorney) that originally searched the title to your property and ask them for help. in some states if you had a foreclosure on another property, the first lender can place a lien on a new property that you have bought, if that is what you are talking about.


Can a co-signer take the property without permission?

No, a co-signer does not have ownership rights to the property unless stated in the agreement. Taking the property without permission would generally be considered a violation of the co-signing arrangement and potentially illegal.


How do I word a land contract so that if my landlord passes onhis family can't take the house from us prior to payoff?

You can secure your mortgage by signing a prior agreement with the landlord in the presence of an advocate.


Can a landlord hold a tenant responsible for a lease agreement if the tenant was not mentally competent and no attorney was present at the signing of the lease agreement?

Did a court adjudicate the tenant as incompetent? Then, if and when the landlord sues, that would provide the basis for a defense. You can't stop the landlord from trying to recover damages.


Can you force someone to take their name off a quit claim deed?

Yes, if by signing the quitclaim deed they transferred all their interest in the property to a new owner.Yes, if by signing the quitclaim deed they transferred all their interest in the property to a new owner.Yes, if by signing the quitclaim deed they transferred all their interest in the property to a new owner.Yes, if by signing the quitclaim deed they transferred all their interest in the property to a new owner.