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If a debtor defaults does the creditor have an enforceable security interest in the debtor's property?
Wiki User
∙ 16y ago
The answer would depend entirely upon the exact wording of the loan and the security agreement, when read in context of local laws for lending and consumer protection.
Wiki User
∙ 16y ago
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Can you write up a deed of trust pursuant to an owner's partial interest in a property if there are no other loans on the property?
Yes, but if the mortgagor defaults on the mortgage you can only acquire their partial interest by foreclosing on the mortgage.Yes, but if the mortgagor defaults on the mortgage you can only acquire their partial interest by foreclosing on the mortgage.Yes, but if the mortgagor defaults on the mortgage you can only acquire their partial interest by foreclosing on the mortgage.Yes, but if the mortgagor defaults on the mortgage you can only acquire their partial interest by foreclosing on the mortgage.
You co-signed a mortgage for property you don't own. Can a lien be placed on that property for your own personal debt?
No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.
If more than one person owns a piece of property and one of the people owe money can a creditor of this individual put a lien on the property or force the property to be sold?
Where there are joint owners a creditor of one can petition the court for a judgment. If the creditor is successful and the debt isn't paid then they could petition to partition (sell) the debtors interest. You may need to purchase that interest to keep your property ownership close with no third party owning an interest.
Can creditor go after you discharged in court for a secured item?
A creditor cant take you to court over a secured debt. However, if they have a security interest in any of your property, they can still foreclose on that property.
A contract between Kim and Larry to lease real property contains an exculpatory clause This clause is?
A contract between Kim and Larry to lease real property contains an exculpatory clause. This clause is a. enforceable only if either party is in a business important to the public interest. b. enforceable only if the lease involves residential property. c. generally enforceable as a matter of public policy. d. generally unenforceable.
How is collateral connected to a loan from a bank or credit union?
Collateral - in the form of a repayment promise or property... is a 'guarantee' that the person will repay the debt. If the borrower defaults on the repayments, the creditor can recover their money from the guarantor.
What is the difference between right and interest in a property?
One AnswerAn interest in property means that you have a legal or equitable claim or right in property. A right in property is a legally enforceable claim. Used by themselves those legal terms are sometimes interchangeable.For example, a fee interest in property means you own it absolutely. You also own all the appurtenant rights that pass with the property such as easement rights. You can sell the property, devise it by your will or your heirs will inherit it when you die.A life estate is an interest in real estate that provides its owner with the right to the use and possession of the property for life. The life estate is extinguished upon your death. There is nothing left for your heirs to inherit.An easement right gives you a legally enforceable right to make a certain use of another person's property.
What is an antichresis?
An antichresis is an agreement by which the debtor gives his creditor the use of real property to be able to pay interest and principal of his debt.
Can a co-owner refinance a property without telling the other co-owner?
No. A prudent lender will require that all owners sign the mortgage so that it can take the property by foreclosure if the borrower defaults. If only one signed the mortgage the lender can only take possession of a half interest in the property.No. A prudent lender will require that all owners sign the mortgage so that it can take the property by foreclosure if the borrower defaults. If only one signed the mortgage the lender can only take possession of a half interest in the property.No. A prudent lender will require that all owners sign the mortgage so that it can take the property by foreclosure if the borrower defaults. If only one signed the mortgage the lender can only take possession of a half interest in the property.No. A prudent lender will require that all owners sign the mortgage so that it can take the property by foreclosure if the borrower defaults. If only one signed the mortgage the lender can only take possession of a half interest in the property.
What does collateral mean in personal finance?
Security for a loan so the loan is secured by property, vs unsecured-more risky for creditor. Whenever, any borrower intends to raise a loan, or financial advances, either from the Creditor, or from the Banks, any prudent Creditor would like to secure the interest. It is, therefore, that the Creditor would ask to mortgage the property in exchange of financial advances being granted, or sanctioned. The Borrower, therefore, offers the property by way of "equitable mortgage" so as to secure the interest of the creditor. The very process is called the mortgage. And the property that is being mortgage is called the "collateral security". In case, the Borrower does not repay the debt due and payable, including cost, charges and interest, the secured creditor would be legally entitled to auction the property or sale away and recover the dues. The public sector banks recover the dues by auctioning the property that is equitably mortgaged.
Can a lien be placed on property when wife and husband are both on the deed if only one of the couple has a judgment placed against them?
The interest of a co-owner can be attached by a creditor. That creditor can then petition the court to partition the land if the debt isn't paid and the debtors interest could be sold.
What is the difference between co signer and co borrower?
A co-borrower has an ownership interest in the property. A co-signer guarantees the repayment of the loan although they do not own the property. If the primary borrower defaults, the lender can (and will) go after the co-signer for payment. The loan will usually not show up on his credit report, unless the borrower defaults.
