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If an offer on a property that is not having the mortgage paid because the owner is going brankrupt how does the potential buyer stand legally?
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∙ 14y ago
If the owner has filed bankruptcy the property cannot be sold. It is in the legal possession of the trustee in bankruptcy who cannot sell any property without the permission of the court. You can contact the court for the name and contact information of the trustee and direct any questions you may have to the trustee.
Wiki User
∙ 14y ago
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Can a joint mortgage be renewed by one person?
A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.
A home mortgage is considered a secured loan because it is backed by what type of property?
A mortgage is backed by real estate owned by the mortgagor.
Can a spouse take a home equity loan in one spouse's name?
A mortgage must be signed by all the owners of the property because if the mortgage isn't paid the lender must be able to take possession of the property by foreclosure. If only one person signed the lender can only take that person's interest and not the interest of the co-owner who didn't sign the mortgage.A mortgage must be signed by all the owners of the property because if the mortgage isn't paid the lender must be able to take possession of the property by foreclosure. If only one person signed the lender can only take that person's interest and not the interest of the co-owner who didn't sign the mortgage.A mortgage must be signed by all the owners of the property because if the mortgage isn't paid the lender must be able to take possession of the property by foreclosure. If only one person signed the lender can only take that person's interest and not the interest of the co-owner who didn't sign the mortgage.A mortgage must be signed by all the owners of the property because if the mortgage isn't paid the lender must be able to take possession of the property by foreclosure. If only one person signed the lender can only take that person's interest and not the interest of the co-owner who didn't sign the mortgage.
Your parents died and left you property your name is on the deed but not on the mortgage is that a problem?
It is not a problem, but the mortgage will still have to be paid by the surviving co-owner even if that co-owner did not borrow or get any of the money from the mortgage, because it is a lien on the house.
What happens to the first mortgage when the second mortgage is foreclosed on?
It depends....the 2nd mortgage holder can buy out your first mortgage and then foreclose on the entire property , the chances are higher of this happening is the 2nd mortgage is kinda large or if they are held by the same lender. If the 2nd mortgage holder decides not to buy the first mortgage out then typically nothing with happen because the first mortgage holder is in control. The 2nd mortgage cannot foreclose on the first mortgage so keep the first mortgage payments current.If the 2nd does not buyout the first then the lien with remain on the property and you will be require to pay it off if you sell or refinance the property down the road.Mortgage loan officer PAIn Texas the law is: http://www.avvo.com/legal-answers/tx-foreclosure-second-trust-deed-4498.html
Can a bank call the home loan because you rented the home?
Possibly. You need to carefully read your mortgage documents to determine if there is a clause that the property must remain owner occupied.Possibly. You need to carefully read your mortgage documents to determine if there is a clause that the property must remain owner occupied.Possibly. You need to carefully read your mortgage documents to determine if there is a clause that the property must remain owner occupied.Possibly. You need to carefully read your mortgage documents to determine if there is a clause that the property must remain owner occupied.
I have a second mortgage on my property in my deceased husband's name the first mortgage is in mine can a bank with a second mortgage put a lien on my property if it is not paid?
You really ought to see an attorney because there are several things that don't quite make sense and states vary on borrower and lender rights (you don't even identify where you are). PS if there is a 2nd mortgage then that is already a lien on the property and there would seem to be no need for that lender to put yet another lien on it; all it may need to do is foreclose and that could jeopardize your first mortgage too!
Is a mortgage and deed the same thing?
No. The deed is the legal instrument that evidences ownership of land. A mortgage is an instrument signed by a borrower that grants the lender a security interest in the property under which the lender can take possession of the property if the mortgage note isn't paid.In title theory states a mortgage is sometimes referred to as a mortgage deed because the borrower actually transfers title to the lender. However, the lender's title is conditional. If the note is paid then the lender's interest in the property is released and the lander must record a discharge.
What is a buy to let mortgage?
A buy to let mortgage is a british term for a mortgage where the borrower is buying a property specifically to rent out. These are hard to get now because of the world economy.
Follow up answer but the mortgage states it is a first mortgage while we know for sure that the property already had a morgtage by our dead mother?
Just because the mortage says it is the first mortgage doesn't necessarily mean it is. The time of filing at the court house will determine which is the first mortgage and which is sub-ordinant.
Does homeowners insurance have to include second mortgage?
Yes you need to include your 2nd mortgage. The reason is because they have an interest in your property. They must protect themselves, in case their is a total loss or significant loss.
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