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Second bank recorded mortgage before first bank and now only the first bank is foreclosing home in NYC and so does second bank have interest in home that is foreclosed by first bank given these facts?
Jkhalil
Yes, second has priority and their lien will survive the forclosure of a junior lien.
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∙ 15y ago
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What can a lender do when the second mortgage is not paid in full due to foreclosure?
Assuming that the FIRST mortgage was foreclosed, a foreclosure wipes out any mortgages that were recorded after the foreclosed mortgage.
If house is foreclosed do all liens have to be satisfied before title is cleared?
The liens that predate the foreclosed mortgage must be paid such as a prior mortgage. The http://taxes.answers.com and any municipal services liens must be paid. Any mortgages, attachments, etc that were recorded AFTER the foreclosed mortgage get wiped out as liens against the property.
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.
What is the lowest US mortgage interest rate ever recorded?
2.93%
Are liens extinguished after a mortgage foreclosure?
No. They are liens on the property. Typically what happens is the property will be foreclosed and sold. The liens, including the mortgage, will be paid off in the order of being placed. Once all liens are paid off, if there is any money left over, there might be some money for the owner.A Different PerspectiveLien priority is important in a foreclosure procedure. That's why a lender who loans a considerable amount of money on a home secured by a mortgage seeks to be in first place and will often require other lenders to subordinate their liens. Lien priority depends on the time of recording except for property tax liens which take priority over every other type of lien, even a first mortgage. The foreclosing lender takes the property subject to any lien recorded prior to the mortgage being foreclosed. The foreclosing lender must pay off those senior liens. Any lien recorded after the mortgage is a junior creditor and that lien gets wiped out as of record and will not affect the title to the real estate for any future owner. One exception is IRS liens which do not get wiped out and must be paid to clear the title to the property.Junior creditors can go after the debtor personally but they will have no interest in the real estate.You can read a good example at the link provided below.
I signed a quit claim deed because I was on the deed but not the mortgage and now the person on the mortgage and deed isn't paying but the banks are coming after me?
There are several factors that must be reviewed. First, you must check to see if the deed whereby you transferred your interest was recorded in the land records. Next, was the deed recorded before the new owner executed a mortgage in their own name. If that is the case then you are not involved in the property or the mortgage and the lender must foreclose on the mortgage and take possession of the property.However, if the property was owned by two people and only one co-owner executed a mortgage of their half interest then the bank made a grave mistake. It only has a half interest in the property. In the case of a default it would only acquire a half interest by virtue of a foreclosure.If you executed a deed conveying your interest to the other co-owner after they executed the mortgage then the mortgagor owns a half interest that's not subject to the mortgage. However, as stated above, you need to make certain the deed of your half interest was recorded in the land records so that you are not still listed as a record owner.If you find that you are still listed as a half owner in the land records the only correspondence you should receive from the bank is notice that it is foreclosing on your co-owner's half interest in the property. You have no obligations under that mortgage if you didn't sign it. However, you should arrange to have that deed transferring your interest recorded so the bank can identify the owner of the property.If possible you should consult an attorney who can review the situation, check the land records and confirm that you have no obligations regarding the property.
Can a real estate judgment be recorded against your interest in property if you are not on the mortgage but on the deed?
Yes.
Does a homeowner have to agree to a bank selling their mortgage to another bank?
No. The bank owns the mortgage and can assign its interest in and rights under the mortgage to another entity. However, the assignee cannot change the terms of the mortgage and the assignment must be recorded in the land records so the holder by assignment can be identified.No. The bank owns the mortgage and can assign its interest in and rights under the mortgage to another entity. However, the assignee cannot change the terms of the mortgage and the assignment must be recorded in the land records so the holder by assignment can be identified.No. The bank owns the mortgage and can assign its interest in and rights under the mortgage to another entity. However, the assignee cannot change the terms of the mortgage and the assignment must be recorded in the land records so the holder by assignment can be identified.No. The bank owns the mortgage and can assign its interest in and rights under the mortgage to another entity. However, the assignee cannot change the terms of the mortgage and the assignment must be recorded in the land records so the holder by assignment can be identified.
What are the procedures at a real estate auction to determine what liens are paid?
Answer: Liens that were recorded prior to the mortgage must be paid. Taxes and municipal liens must be paid. Liens that were recorded subsequent to the foreclosed mortgage are wiped out by the foreclosure. AND you should have the title checked at least one more owner back to determine what liens are outstanding.
How do you find the bank that has your foreclosed home?
If the foreclosure hasn't been recorded then look for the name of the lender on the notices that were sent to you. If the foreclosure has taken place, you can also visit the land records office in your jurisdiction, look for your name in the grantor index and look for the recently recorded foreclosure deed. The staff will assist you. The name of the foreclosing lender will appear as a party to the foreclosure deed.
Can you deduct interest on a home loan taken out from a relative not from a bank?
Here's what I found so far: To deduct interest payments paid as itemized home mortgage interest, the loan obligation must be secured by a recorded mortgage or deed of trust against the home. This can be doneby their signing and recording a mortgage or deed of trust to secure the promissory note.
What past encumberances can exist when buying a foreclosure home etc other debts such as property taxes?
property taxes, lawsuits, senior liens (that were recorded prior to the foreclosing mortgage) such as mortgages, attachments, executions, income tax liens, probate problems
