What happens if your title company neglect to record a CEMA even though they took the recording fee and now you cannot refinance without paying mortgage tax?
You should consult an attorney, but it sounds like the title company was negligent. You should demand they compensate you for it and if they don't, take them to small claims court (or higher level court depending on the amount allowed in your jurisdiction).
A CEMA mortgage is a very specific mortgage document. Was the original mortgage a CEMA mortgage and do you have an Owner's Policy issued by the title agency for that transaction?
I am assuming you used an attorney for your closing, so consult that attorney as to what can be done, since you PAID that attorney for legal advise in the transaction.
If the title agency collected a recording fee and did not use it to record a document (ANY document) that is a RESPA violation which can have very serious consequences for the title agency.
I would go to their UNDERWRITER with the complaint and see what happens from there. Typically the Underwriter will consult with their Agents so that claims are not filed. They may be able to compel them to perform accordingly.
If you had an Owner's Policy issued in the transaction, I'd immediately file a claim. If this was on a refinance transaction, you need to make sure that a CEMA mortgage was used by the lender.
In either case, you are entitled to remedy of the situation.
Can you get a joint mortgage with your grandparent and what happens if she dies can i keep the house and mortgage?
If your husband has a reverse mortgage and you are not 62 what happens to you with the house if he dies?
What happens when a home is award to one person in a divorce but both are on the mortgage and the awardee cannot refinance due to income?
That depends on many factors. There is potential you will lose your house through forced sale. It is not a smart financial move for your ex-spouse to maintain a joint mortgage with you. Just because you were awarded the house is not a guarantee you will get to keep it, especially if the decree you signed stated you had to refinance.
If your home owners insurance is part of your mortgage payment and you stop paying your mortgage what happens to your insurance coverage?
Once you have defaulted on your mortgage or have gone into foreclosure all your rights on the homeowners policy are null and void. all rights of recovery revert to the Mortgage company. Basically you become uninsured and the mortgage company remains insured through the policy term. Also if the policy gets cancelled due to the foreclosure any refunds belong to the mortgage company.
Answer The first mortgage would have the first position on the lien. So if the second mortgage company foreclosed on the property - they would sell the property and the sale proceeds must go to pay off the first mortgage company first. Then, if there is anything left over, that money goes to the second mortgage company. For example, there is a first mortgage of 100,000 and a second mortgage of 40,000. The property is…
Nothing, so long as you do not get divorced or die, and then it varies by situation and state. If you refinance after you are married, your spouse may be a borrower with you or may "join in" on the mortgage. Again that depends on certain conditions of the refinance such as whether or not you are refinancing your homestead property. Finally when you sell, depending on the same factors, you husband or wife may…
What happens if I let my second balloon mortgage go into default Is my home or 1st mortgage going to suffer?
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…
This confuses two different concepts. A "charge off" is an accounting and tax term that means the creditor does not believe a debt is going to be repaid. It gives the lender a tax deduction. A discharge in bankruptcy is a permanent injunction against a creditor taking any action to collect a debt, including debt collection agencies or successors/purchasers of a discharged debt. Assuming the refi of the mortgage happens after discharge, nothing happens. If…
You divorced- signed a quit deed and still remained on the mortgage. What happens when the ex-spouse dies?
In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce. In that case you would be responsible for paying the loan on property that you do not own. When…
What happens to a mortgage after bankruptcy depends on whether or not the debt is reaffirmed. If the mortgage is reaffirmed the homeowner continues to pay it as if the bankruptcy had not been filed, since the debt has not been discharged. If the debt is not reaffirmed, what happens to the mortgage depends on the policies of the individual lender.
If you have mortgage insurance that covers the reason of your income loss (disability, involuntary unemployment) then the insurance company will pay the premiums according to your policy's benefits schedule. If you don't have mortgage insurance, you can use savings, retirement funds, borrow money, or you can try to negociate your mortgage terms with your lender. Unfortunately, many mortgage clients believe they don't need mortgage insurance and they find themselves forced to file for bankruptcy…
What happens to your home if it is about to be foreclosed and you have low income and some equity in your home?
That depends on how low your income is and what your debt ratio is. It is still possible to save yourself from foreclosure if you can afford a normal mortgage payment. There is always the option to sell the home as well... but if you want to keep the home, you should probably try to qualify for a refinance loan.
Your mortgage must be paid unless you have arranged for some type of mortgage insurance. Your mortgage must be paid unless you have arranged for some type of mortgage insurance. Your mortgage must be paid unless you have arranged for some type of mortgage insurance. Your mortgage must be paid unless you have arranged for some type of mortgage insurance.
What happens to a mortgage loan when the sole loan holder dies and the property is titled Joint tenants with full rights of suvivorship?
It is normal for people with a mortgage loan to have a life insurance to cover the amount of the loan. If this is the case the insurance will pay off the loan and the property will become part of the dead persons estate in its entirety and (after inheritance tax) the heirs will inherit it. If there is no insurance then the outstanding balance of the mortgage becomes a charge on the estate of…
When property value is the same as you owe on mortgage can you refinance with two loans include Equity?
When you finance (or refinance) using your house as collateral (aka security) the lender is using the available value of your house to get back the loan(s) if you default. If this happens it will cost the lender money (thousands or even tens of thousands) for the process of getting it back. For this reason a prudent lender will only lend you a percentage of the current sale value of the house. If you already…
What happens to the second mortgage when the first mortgage forecloses on the property and will the second mortgage go after the holder or will they show the balance owed as earned income?
Depends on the state. In many states the holder of the second mortgage can come after you for the balance due. If the second is from the same company that holds the first that may not be as likely. It really depends on your state and whether the lending institution has the right to pursue you for the balance between what they eventually sell the house for and what you owed. Check to see if…