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This means that the escrow paid off the first trust deed using the money from a refinancing. The cancellation of deed to secure debt occurs if a person refinances their mortgage.
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When does a Deed to Secure Debt expire Georgia?
It will expire in 7 years if there is no 20 year clause.
If a deed to secure debt in the state of Georgia is not recorded by a mortgage company is it legal and binding?
Georgia is a "race notice" state and uses a deed as the security instrument for a debt affecting real estate. What that means is any instrument that affects real property must be recorded in the land records to be effective notice against the world. If a lender fails to record a security instrument and subsequent liens are recorded against the property the subsequent liens take priority. If the error is discovered and the unrecorded deed to secure a debt is later recorded it becomes a junior lien if the borrower defaults. If the deed to secure the debt was still unrecorded and owner of the real estate conveyed the property by a deed to an innocent third party purchaser that grantee would own the property and the lender would only have a monetary claim against the debtor. Although the deed to secure a debt was not recorded it is still binding upon the property owner who signed it. This information is general information only. You should seek legal advice before making any changes in ownership.
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.
Is a security deed and a deed to secure debt the same thing?
Yes- those would indicate the same condition.Yes- those would indicate the same condition.Yes- those would indicate the same condition.Yes- those would indicate the same condition.
What is a security deed?
A security deed is used as part of a mortgage type transaction. It is a conditional conveyance of the property to the lender while the debt is outstanding. Legal title is transferred to the lender although the original owner has the right to the possession use and enjoyment of the property as long as the conditions of the loan are met. When the debt is paid the lender executes a reconveyance deed of the property back to the owner.
If you default on your mortgage in Ohio can the bank confiscate other property you own in Alaska to pay the debt?
Not unless you gave the interest in the Alaska property as collateral for the loan. If you signed the Security Deed..debt deed with only the Ohio property (unless it contains a "blanket mortgage" clause or cross-collaterazation clause giving the address & legal description to the Alaska property) you are fine. Also the Security Deed or Debt Deed would have to be recorded in Alaska (in the city or county) where the property is to be an enforceable lien.
Does recording a title secure an interest in real property?
Recording a mortgage secures an interest in real estate.The instrument used to convey property is called a deed. Recording a deed transfers an interest in real property as long as the grantor in the deed has an interest in the property. The grantee on the deed acquires "title" to the property by virtue of that deed. Having the title to the property examined by a professional title examiner confirms that the person signing the deed owns the land.In order for a creditor to secure an interest in the real estate as security for the debt, they should have the debtor sign a note and a mortgage. That should be accomplished with the help of an attorney who specializes in real estate. All the owners of the property must sign the documents.
What is a mortgage security instrument?
If I am separted from my husband and not divorced yet can he get a Mortage (Security Instrument) on land that he purchased before we were married but now has my name on the deed without my signature? Or if he has asked me to sign as the mortagor because my name is on the deed of the land, am I acutaly obligated to that debt?
What are the Repercussions of person who tries to have quitclaim deed signed by giving false information to the other person?
The other person will have the right of rescission and will be able to back out of the deal at will.
If a relative who is on the deed to your house owes an outstanding debt can the debt collector put a lien on your house?
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How does a Deed in Lieu Foreclosure affect Socia security benefits?
Deed in Lieu is as bad as a foreclosure.
Does a lender need to file a deed of trust on your property?
It depends on the jurisdiction. The lender needs to file a deed of trust or a mortgage to protect its security interest in the property.It depends on the jurisdiction. The lender needs to file a deed of trust or a mortgage to protect its security interest in the property.It depends on the jurisdiction. The lender needs to file a deed of trust or a mortgage to protect its security interest in the property.It depends on the jurisdiction. The lender needs to file a deed of trust or a mortgage to protect its security interest in the property.
