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Great article- hope it helps. Note that when invoking the 5th in civil proceeding, it is on a question by question basis. http://www.sorrelsudashen.com/papers/Fifth_Amendment_Right_Against_Self_Incrimination_in_Civil_Cases.pdf
It would be considered in default.
Note on position under the code of civil procedures
A note is an operating procedure practice or condition that is essential to EMPHASIZE. This is the answer for the M9 service pistol operator training for NKO.
The art note civil aviation refers to the legal and regulatory framework that is applicable in aviation.
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Yes. The mortgage secures the debt. The note is simply a promise that you repay the money. If you sign the note, then you are liable for the debt. The note is simply your promise to pay back the money you borrowed. If you signed the mortgage, and you default on the promises and covenants of the note and mortgage, then the mortgagee (bank) has the right to foreclose on you. The default of mortgage payments are a breach of contract which allows the lender to foreclose on your home.
A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.
Look at the contract. It may have verbage stating if you are in default on 1 note, you are in default on others. If so, yes. It's legal in Michigan if the note allows so in the default section.
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No. Whoever files first is the Plaintiff. If the Defendant then chooses to "cross-sue", the Defendant will still be the defendant on the pleadings even though by virtue thereof, the defendant has launched what is called a counter-claim. In such a scenario, the Defendant will have to defend the Plaintiff's claim, and progress the counter-claim ---- in the same way the plaintiff will need to progress its claim as Plaintiff (and yes, in the same way, the Plaintiff will have to defend the counter-claim launched by the Defendant). By way of additional info, note that the "whoever files first" rule is generally applied to "fix" jurisdiction too. Although the general rule is that the Defendant should be sued in its own jurisdiction, rules modify this basic approach, most often by way of the applicable treaty (e.g. by "special jurisdiction" and "exclusive jurisdiction") and thus by such rules, often the plaintiff is able to sue in its own jurisdiction. Therefore if both potential parties believe they have a claim against the other, where the rules allow for the jurisdiction to be in the plaintiff's own, then it works on a "first come first served basis.
No. Homeowners Insurance does not cover the owners default on a mortgage note.