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What does it mean in a deed that states 'title to the property should not be a merged with the lien of the aforesaid mortgage and this conveyance should not be so construed'?
Wiki User
∙ 9y ago
Some form of that phrasing is used in deeds in lieu of foreclosure and deeds from a mortgagor to the bank (to avoid foreclosure) in order for the bank to be able to preservethe outstanding mortgage debt.
Without that language the mortgage obligation would be extinguished when the bank takes title to the premises.
Wiki User
∙ 9y ago
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Can a property owner transfer ownership of property to a non-profit organization with the stipulation that the property will revert back to the property owner in 20 years?
In the United States, no. Any conveyance would be construed as a conveyance in fee.In the United States, no. Any conveyance would be construed as a conveyance in fee.In the United States, no. Any conveyance would be construed as a conveyance in fee.In the United States, no. Any conveyance would be construed as a conveyance in fee.
What is a property conveyance?
In law, a property conveyance is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or an easement right in land.In law, a property conveyance is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or an easement right in land.In law, a property conveyance is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or an easement right in land.In law, a property conveyance is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or an easement right in land.
Does a security deed convey legal title to the property under Georgia law?
Yes. Georgia is a title theory state. That means the title remains in the lender until the debt is paid. However, the conveyance is a conditional conveyance. The lender cannot keep the property unless there is a default in the mortgage. If the mortgage is paid off the lenders interest is extinguished and it must provide a release of the mortgage that should be recorded in the land records.Yes. Georgia is a title theory state. That means the title remains in the lender until the debt is paid. However, the conveyance is a conditional conveyance. The lender cannot keep the property unless there is a default in the mortgage. If the mortgage is paid off the lenders interest is extinguished and it must provide a release of the mortgage that should be recorded in the land records.Yes. Georgia is a title theory state. That means the title remains in the lender until the debt is paid. However, the conveyance is a conditional conveyance. The lender cannot keep the property unless there is a default in the mortgage. If the mortgage is paid off the lenders interest is extinguished and it must provide a release of the mortgage that should be recorded in the land records.Yes. Georgia is a title theory state. That means the title remains in the lender until the debt is paid. However, the conveyance is a conditional conveyance. The lender cannot keep the property unless there is a default in the mortgage. If the mortgage is paid off the lenders interest is extinguished and it must provide a release of the mortgage that should be recorded in the land records.
What does it mean to be a title theory state in Michigan?
In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.
What happens when a waranty deed is executed on a property but there is still a note for the mortgage?
The property is subject to the mortgage and the buyer has notice of it. A conveyance will likely trigger a demand from the lender that the note be paid in full. If the mortgage isn't paid the bank will foreclose. You should seek the advice of an attorney.
What is the difference between mortgagor and mortgagee?
A mortgagor is a borrower named in a specific mortgage instrument. A mortgagee is the lendor in a mortgage instrument, who has takes (property) security for the sum lent, and may force conveyance of title if the mortgagor defaults on the mortgage re-payments.
What is the definition of deed to secure debt?
This sounds like another way of saying mortgage--the conveyance of property by a debtor to a creditor which, if the debt is not paid, can be kept by the creditor.
Who pays the taxes when there is both a deed and a deed of trust?
Generally, the fee owner of the property is responsible for paying the property taxes. That would be the grantee in the deed of conveyance. In this case the 'deed of trust' is assumed to be a mortgage.
What is meant by reservations from conveyance in a warranty deed?
That may mean the grantor has reserved a portion of the property from the conveyance that is not included in the sale.That may mean the grantor has reserved a portion of the property from the conveyance that is not included in the sale.That may mean the grantor has reserved a portion of the property from the conveyance that is not included in the sale.That may mean the grantor has reserved a portion of the property from the conveyance that is not included in the sale.
Do assured property claims have to be legally transferred?
In England the legal evidence of a conveyance of real property (by deed or instrument of conveyance) is called the common assurance. The answer is yes. When an owner intends to transfer an interest in real property it must be done legally with the appropriate documentation.In England the legal evidence of a conveyance of real property (by deed or instrument of conveyance) is called the common assurance. The answer is yes. When an owner intends to transfer an interest in real property it must be done legally with the appropriate documentation.In England the legal evidence of a conveyance of real property (by deed or instrument of conveyance) is called the common assurance. The answer is yes. When an owner intends to transfer an interest in real property it must be done legally with the appropriate documentation.In England the legal evidence of a conveyance of real property (by deed or instrument of conveyance) is called the common assurance. The answer is yes. When an owner intends to transfer an interest in real property it must be done legally with the appropriate documentation.
One spouse is on the mortgage and wants to claim bankruptcy. The other spouse's name is on the deed. What happens when the first files for bankruptcy?
It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.
What is a mortgage?
mort·gagen.1. A temporary, conditional pledge of real property to a creditor as security for performance of an obligation or repayment of a debt.2. A contract or deed specifying the terms of a mortgage.3. The claim of a mortgagee upon mortgaged property.tr.v., -gaged, -gag·ing, -gag·es.1. To pledge or convey (property) by means of a mortgage.Source: Answers.comIn popular, non-legal terminology, people often refer to getting or having a mortgage. What they probably mean is that they have obtained a loan to fund the purchase of real property. Lenders of such loans require that the lender receive a security interest in the real property as protection against a default or non-payment. A properly drafted mortgage grants the lender the power to take possession of and sell the property if the loan isn't paid.In the case of "mortgages," we are really dealing with two different things when we speak about "a mortgage." Most people actually use "mortgage" incorrectly. They use "mortgage" when they are really referring to a loan secured by a mortgageinterest. The mortgage, however is not the loan itself; the mortgage is the security interest in the real estate that the lender obtains from the borrower.A mortgage is a conveyance of title to real property as security for a debt. The mortgage can create a conditional conveyance of real property or it can create a lien depending on state laws.In title theory states the mortgage transfers title to the property to the lender until the debt is paid. A release of the mortgage transfers the title back to the mortgagor. In a lien theory state the mortgage creates a lien on the property that is released when the mortgage is released.
