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What happens when the person paying the mortgage is not on the mortgage and the original mortgagor dies?
Wiki User
∙ 14y ago
Most likely, nothing, as long as the payments continue on time. If the payments stop, the lender with foreclose on the property and the borrower's estate will be impacted. The payments are still due beyond the death of the borrower - they become the responsibility of the borrower's estate.
An equally important question is who is now the legal owner of the real estate. If the decedent didn't transfer the property to a survivorship tenancy with another, their estate must be probated in order for title to pass to the heirs at law or under the terms of the will. An estate of real property must be probated in order for title to the property to pass to the heirs legally.
Wiki User
∙ 14y ago
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Who is responsible for paying the mortgage after a quitclaim deed?
The mortgagor is responsible for paying the mortgage. The mortgagor cannot quitclaim the property while the mortgage is outstanding. Mortgage documents have a due on transfer clause whereby the lender will call in the loan if there is a transfer of ownership. Ignoring that provision will get you and your purchaser in a lot of trouble.The mortgagor is responsible for paying the mortgage. The mortgagor cannot quitclaim the property while the mortgage is outstanding. Mortgage documents have a due on transfer clause whereby the lender will call in the loan if there is a transfer of ownership. Ignoring that provision will get you and your purchaser in a lot of trouble.The mortgagor is responsible for paying the mortgage. The mortgagor cannot quitclaim the property while the mortgage is outstanding. Mortgage documents have a due on transfer clause whereby the lender will call in the loan if there is a transfer of ownership. Ignoring that provision will get you and your purchaser in a lot of trouble.The mortgagor is responsible for paying the mortgage. The mortgagor cannot quitclaim the property while the mortgage is outstanding. Mortgage documents have a due on transfer clause whereby the lender will call in the loan if there is a transfer of ownership. Ignoring that provision will get you and your purchaser in a lot of trouble.
Can foreclosure be circumvented?
NO. When the mortgagor executed the mortgage they granted the lender the power to take possession of the property in the case of a default. You cannot "circumvent" that provision. You may be able to stop the foreclosure by paying what you owe.NO. When the mortgagor executed the mortgage they granted the lender the power to take possession of the property in the case of a default. You cannot "circumvent" that provision. You may be able to stop the foreclosure by paying what you owe.NO. When the mortgagor executed the mortgage they granted the lender the power to take possession of the property in the case of a default. You cannot "circumvent" that provision. You may be able to stop the foreclosure by paying what you owe.NO. When the mortgagor executed the mortgage they granted the lender the power to take possession of the property in the case of a default. You cannot "circumvent" that provision. You may be able to stop the foreclosure by paying what you owe.
Can you do a quit claim when you have a mortgage?
Generally, you are not free to transfer your property if it is subject to a mortgage.Most mortgage documents have a 'due on transfer' clause that the mortgagor agreed to at the time of the signing of the mortgage. The bank must be notified of any transfer in interest or the mortgagor will be in breach of the agreement and the bank will demand payment in full. A quitclaim deed will trigger the due on transfer clause.If the property is transferred, the mortgagor is still responsible for paying the mortgage and the property is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure and the foreclosure will be reported on the mortgagor's credit record.If a new owner has agreed to take possession of the real estate subject to the mortgage the seller must notify the bank of the transfer of interest. The bank may require that the mortgage be paid in full and refinanced by the new owner. On the other hand the bank may agree to allow the new owner to assume the mortgage. In that case, the original mortgagor will be free of the mortgage obligation and no longer responsible for repayment.
Can your husband cosign on someone's home without your knowledge?
Yes. And if he does he will become equally responsible for paying the mortgage if the primary mortgagor defaults on their mortgage payments. The bank will go after him for 100% of the debt.
What does the lowest mortgage rates mean?
The lowest mortgage rates refer to when a mortgagor approves a all time low rate to be paid by the mortgagee. This basically means that you'll be paying less out of your pocket each month.
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 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 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 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.
Can you quit deed a property if it has a mortgage?
You need to review your mortgage documents before making a change in ownership. Generally, mortgages have a due on transfer clause and the bank can demand full payment if there is any change in ownership. You should consult with the attorney who represented you at your closing when you purchased the property or when you financed it. Generally, you are not free to transfer your property if it is subject to a mortgage.Most mortgage documents have a 'due on transfer' clause that the mortgagor agreed to at the time of the signing of the mortgage. The bank must be notified of any transfer in interest or the mortgagor will be in breach of the agreement and the bank will demand payment in full. A quitclaim deed will trigger the due on transfer clause.If the property is transferred, the mortgagor is still responsible for paying the mortgage and the property is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure and the foreclosure will be reported on the mortgagor's credit record.If a new owner has agreed to take possession of the real estate subject to the mortgage the seller must notify the bank of the transfer of interest. The bank may require that the mortgage be paid in full and refinanced by the new owner. On the other hand the bank may agree to allow the new owner to assume the mortgage. In that case, the original mortgagor will be free of the mortgage obligation and no longer responsible for repayment.
Can you voluntarily dissolve your mortgage with your lender?
Yes, by paying it off in full. You should review your original mortgage document to determine if there is a pre-payment penalty if you will be paying it off early.
What happens if the mortgagor dies before paying off the mortgage?
First, the mortgagor's estate must be probated in order for title to their real estate to pass to the heirs legally. Now to answer your question: If the mortgage isn't paid the bank will take possession of the property by foreclosure. If the heirs want to keep the property they must continue to pay the mortgage. Some mortgages contain provisions whereby heirs can assume the mortgage. You need to consult with an attorney who specializes in probate who can review the situation and explain your rights and options.You should check with the bank to determine if the mortgagor had mortgage insurance.First, the mortgagor's estate must be probated in order for title to their real estate to pass to the heirs legally. Now to answer your question: If the mortgage isn't paid the bank will take possession of the property by foreclosure. If the heirs want to keep the property they must continue to pay the mortgage. Some mortgages contain provisions whereby heirs can assume the mortgage. You need to consult with an attorney who specializes in probate who can review the situation and explain your rights and options.You should check with the bank to determine if the mortgagor had mortgage insurance.First, the mortgagor's estate must be probated in order for title to their real estate to pass to the heirs legally. Now to answer your question: If the mortgage isn't paid the bank will take possession of the property by foreclosure. If the heirs want to keep the property they must continue to pay the mortgage. Some mortgages contain provisions whereby heirs can assume the mortgage. You need to consult with an attorney who specializes in probate who can review the situation and explain your rights and options.You should check with the bank to determine if the mortgagor had mortgage insurance.First, the mortgagor's estate must be probated in order for title to their real estate to pass to the heirs legally. Now to answer your question: If the mortgage isn't paid the bank will take possession of the property by foreclosure. If the heirs want to keep the property they must continue to pay the mortgage. Some mortgages contain provisions whereby heirs can assume the mortgage. You need to consult with an attorney who specializes in probate who can review the situation and explain your rights and options.You should check with the bank to determine if the mortgagor had mortgage insurance.
How can a second mortgage loan be discharged?
Any mortgage can be discharged by paying it off.Any mortgage can be discharged by paying it off.Any mortgage can be discharged by paying it off.Any mortgage can be discharged by paying it off.
My name is on the mortgage but not on the deed will a quit claim deed release me from the mortgage or foreclosure?
No. Only the bank can release you from the mortgage. However, once you have guaranteed payment of a loan the bank won't let you off the hook unless the mortgage is paid or renegotiated. Generally, you are not free to transfer your property if it is subject to a mortgage.Most mortgage documents have a 'due on transfer' clause that the mortgagor agreed to at the time of the signing of the mortgage. The bank must be notified of any transfer in interest or the mortgagor will be in breach of the agreement and the bank will demand payment in full. A quitclaim deed will trigger the due on transfer clause. If the property is transferred, the mortgagor is still responsible for paying the mortgage and the property is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure and the foreclosure will be reported on the mortgagor's credit record.If a new owner has agreed to take possession of the real estate subject to the mortgage the seller must notify the bank of the transfer of interest. The bank may require that the mortgage be paid in full and refinanced by the new owner. On the other hand the bank may agree to allow the new owner to assume the mortgage. In that case, the original mortgagor will be free of the mortgage obligation and no longer responsible for repayment.
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