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The individual who was granted life estate to the property is responsible for taxes, maintaining the property at the level it was when the estate was granted. However, the individual does not solely own the property and therefore cannot rent, sell or in any manner encumber the property without the other persons who are involved being in agreement.

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โˆ™ 2008-06-13 13:28:46
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Q: If a parent gives his adult child a retained life estate interest in a house that he paid the downpayment for and she paid the mortgage taxes etc how can she sell the house now and part ways?
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Is a mortgage used to provide security for the note?

No. The real estate is used to provide security for the note. The mortgage is executed to grant the lender an interest in the real estate until the debt is paid.No. The real estate is used to provide security for the note. The mortgage is executed to grant the lender an interest in the real estate until the debt is paid.No. The real estate is used to provide security for the note. The mortgage is executed to grant the lender an interest in the real estate until the debt is paid.No. The real estate is used to provide security for the note. The mortgage is executed to grant the lender an interest in the real estate until the debt is paid.


Who is responsible for mortgage on an estate foreclosure?

The estate is responsible for the mortgage.The estate is responsible for the mortgage.The estate is responsible for the mortgage.The estate is responsible for the mortgage.


Is a mortgage valid if not signed by all the title holders?

A mortgage is valid only against the interest of the person who granted the mortgage. If you own real estate with another person and they grant a mortgage then your interest isn't affected. If the lender forecloses it only acquires the interest of the one person who granted he mortgage.


Do you still pay interest on mortgage if you die?

You, personally, do not, what with being dead and all. Your estate, however, is still responsible for the mortgage.


Can a real estate judgment be recorded against your interest in property if you are not on the mortgage but on the deed?

Yes.


What is discharge of mortgage?

A mortgage grants an interest in the real estate to the lender. Once it is paid in full, a mortgage discharge must be recorded in the land records. A recorded mortgage discharge certifies that the mortgage has been satisfied and releases the interest of the lender in the property and thereby clears the title.


Is a mortgage considered a bond type security?

No. A mortgage is a loan secured by real estate.No. A mortgage is a loan secured by real estate.No. A mortgage is a loan secured by real estate.No. A mortgage is a loan secured by real estate.


Can a remainder interest owner be held responsible for paying a mortgage?

If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.


Can a life tenant during his or her lifetime grant to another person their interest in the life estate after his or her death?

Sure it is called a retained life estate: A retained life estate occurs when a living person gifts an asset they own to their heirs while at the same time they retain a life estate or lifetime use of the property until their death.


Can a bank be sued when it gives a mortgage loan to an administrator of an estate without consent from the beneficiary what are the banks defenses?

To me it sounds unlikely that a bank would give a new mortgage to an estate. How would the bank get its interest paid by a dead person? Did the administrator lie when he/she asked for the mortgage?


If a mother and daughter are both listed on the mortgage for a home and the mother passes away does the daughter listed on the mortgage become the sole beneficiary?

Signing a mortgage does not give you an interest in the real estate. An interest in real estate is acquired by deed. Hopefully you are also on the deed to the property as the joint owner with the right of survivorship. That would make you the sole owner of the property upon your mother's death. However, if you are not on the deed and you signed the mortgage then your mother's death would make you solely responsible to the lender for paying the mortgage and you would need to probate her estate so that title to the real estate would pass to her heirs. If there are other siblings they would inherit an equal interest in the property and perhaps you could make a claim against the estate for your mother's half of the mortgage balance. You should speak with an attorney.


In a life estate tenancy who pays the mortgage?

When there is a life estate who pays the mortgage


Can you borrow money on a property that has a life estate?

Any person with an interest in the real estate would need to sign the mortgage so that the lender could foreclose in case of a default. Therefore, the fee owner, or remaindermen, can mortgage the property only with the written consent of the life estate holder. The holder of the life estate can only mortgage the property with the written consent of the fee owner.


What is an rbc mortgage calculator?

A Royal Bank Mortgage payment Calculator is used to see how mortgage amount, interest rate and other factors affect your payment. Mortgage calculators are used to help a current or potential real estate owner determine how much they can afford to borrow on a piece of real estate. Mortgage calculators can also be used to compare the costs, interest rates, payment schedules or determine the affect added principal payments will have upon the length of the mortgage loan.


You co-signed on your sons mortgage you have your own property in a life estate can your sons mortgage company have any rights to your property that is in the life estate?

If the property in which you have a life estate is a separate and distinct property from the property your son mortgaged (and you co-signed) then the lender has no rights in your life estate property. If the property your son mortgaged is the same property in which you have a life estate then if he defaults on the mortgage and the lender takes possession you will also your life interest in the property since you also signed the mortgage.


What happens when a person with a Will dies and their property is subject to a mortgage?

The mortgage must be paid if the heirs wish to keep the real estate. The decedent conveyed an interest to the lender and if the mortgage isn't paid the lender can take possession of the property by foreclosure. You should discuss the situation with the attorney who handles the estate.


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.


How do you buy out a spouse's mortgage?

You must pay off the mortgage and refinance. As part of the transaction your spouse must convey their interest in the real estate to you then you can refinance in your own name providing you qualify according to to the lenders requirements.You must pay off the mortgage and refinance. As part of the transaction your spouse must convey their interest in the real estate to you then you can refinance in your own name providing you qualify according to to the lenders requirements.You must pay off the mortgage and refinance. As part of the transaction your spouse must convey their interest in the real estate to you then you can refinance in your own name providing you qualify according to to the lenders requirements.You must pay off the mortgage and refinance. As part of the transaction your spouse must convey their interest in the real estate to you then you can refinance in your own name providing you qualify according to to the lenders requirements.


Who is responsible for mortgage debt after death?

The mortgage debt is the responsibility of the estate. The mortgage will have to be satisfied before the estate can be closed. Before anything in the estate can be distributed, the debts have to be cleared.


If you are not on the title just the mortgage do you have the right to go in the property?

No. If you are on the mortgage but not on the deed then you agreed to pay for someone else's property for some reason. Being only on the mortgage doesn't give you any interest in the real estate.


Is mortgage better than a loan?

A mortgage is a loan secured by your real estate. If you own real property you can borrow more with a mortgage.A mortgage is a loan secured by your real estate. If you own real property you can borrow more with a mortgage.A mortgage is a loan secured by your real estate. If you own real property you can borrow more with a mortgage.A mortgage is a loan secured by your real estate. If you own real property you can borrow more with a mortgage.


How do you back a real estate mortgage?

The collateral for a real estate mortgage is the real estate itself. If the borrower defaults the lender can take possession of the real estate.


How does cosigning for a mortgage differ from a joint mortgage?

A joint mortgage is executed by two people who own real estate. Each is responsible for paying the mortgage in full.A co-signer has no ownership interest in the property but they have agreed to pay off the mortgage if the primary borrower fails to pay. In other words, they agree to pay the mortgage for property they don't own.


Can there be a clouded title on a second mortgage in a bankruptcy?

Yes, if the mortgage was not properly executed by all the owners of the real estate.Yes, if the mortgage was not properly executed by all the owners of the real estate.Yes, if the mortgage was not properly executed by all the owners of the real estate.Yes, if the mortgage was not properly executed by all the owners of the real estate.


Who is legally responsible for a mortgage after death?

The estate of the person who granted the mortgage is responsible for paying the mortgage. If there is no money in the estate to pay the mortgage the lender will take possession by foreclosure. However, if the beneficiaries and heirs desire to keep the property the mortgage must be paid or the lender will take possession of the property by foreclosure. You should consult with the attorney who is handling the estate.The estate of the person who granted the mortgage is responsible for paying the mortgage. If there is no money in the estate to pay the mortgage the lender will take possession by foreclosure. However, if the beneficiaries and heirs desire to keep the property the mortgage must be paid or the lender will take possession of the property by foreclosure. You should consult with the attorney who is handling the estate.The estate of the person who granted the mortgage is responsible for paying the mortgage. If there is no money in the estate to pay the mortgage the lender will take possession by foreclosure. However, if the beneficiaries and heirs desire to keep the property the mortgage must be paid or the lender will take possession of the property by foreclosure. You should consult with the attorney who is handling the estate.The estate of the person who granted the mortgage is responsible for paying the mortgage. If there is no money in the estate to pay the mortgage the lender will take possession by foreclosure. However, if the beneficiaries and heirs desire to keep the property the mortgage must be paid or the lender will take possession of the property by foreclosure. You should consult with the attorney who is handling the estate.