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People acquire the title to real property by virtue of a deed. The deed makes them the legal owners. If they want to borrow money from a bank in the form of a mortgage they must grant the bank an interest in the real property that is described in their deed. The property will be described in the mortgage exactly as it is described in the deed and will also recite a deed reference. Signing a mortgage and note gives the bank an interest in the property described in the deed. Any person who is checking that property in the land records will find that mortgage. In some states (lien theory states) the mortgage becomes a lien on the property that must be paid before the lien is released. In some states (title theory states) a mortgage is an actual transfer of the property to the bank. Language in the mortgage prevents the bank from doing anything with the property unless there is a default in paying the mortgage. If there is a default the bank can take possession of the property and sell it.
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Can your mom buy a house for you if you filed bankruptcy?
Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.
Is a quitclaim deed the same as a mortgage deed?
No. A quitclaim deed transfers the property to a new owner permanently. A mortgage deed is a conditional deed that transfers title to the bank only until the mortgage is paid and then the bank must release its interest.
You on the deed but not the mortgage. When partner dies what happens You are on joint tenancy with him on the deed?
You own the land subject to the mortgage.
Do you have to go through probate if your wife is on the deed but not the loan and the husband dies?
If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.
Can ex-wife refinance with a different mortgage company if the house has 2 mortgages on it the first mortgage is in his name only and the 2nd mortgage is in both names but both names are on the deed?
Yes, If the house was given to you in the divorcee. You will also need to have a quick claim deed done and he will need to sign it. Both mortgages will have to be included in the refi, because they are both tied to the property.
Is a deed of trust a secruity instrument?
Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.
Can an attorney a deed?
Can an attorney sign a mortgage deed/legal charge?
Can the mortgage company take your house without the deed?
By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.
Can supplementary deed supersede trust deed?
The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.
If a husband dies will a wife be responsible for the mortgage debt even if she is not on the note?
His estate will be responsible for the mortgage. Assuming the wife is not on the deed, if the mortgage isn't paid the bank will foreclose and take possession of the property covered by the mortgage. If the wife is on the deed and she consented to the mortgage the bank can foreclose. If she is on the deed and did not consent to the mortgage then the bank had a defective title and may not be able to foreclose.
Do you have to be married to have your name on the property deed in NJ?
No. If you are on the mortgage you should also be on the deed.
Does a rider to a Deed of Trust or Mortgage replace the Deed of Trust or Mortgage?
No. A rider adds to the document, and perhaps changes some of the original provisions.
