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What should you do if you want to sell a property you bought with a business partner who you bought out years ago and the partner signed a release of mortgage but won't sign a QC deed?
Wiki User
∙ 19y ago
First step is to consult state statutes pertaining to the titling and sale of a jointly owned business. Valid documentation that exhibits the party's share of the business was voluntarily sold and the true market value was paid, will be required. It it likely that the only recourse will be to sue for breach of contract.
Wiki User
∙ 19y ago
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Can real estate property be split and half of it sold when house is still mortgaged?
It all depends on the description of the property covered by the mortgage. If the entire property was described in the mortgage the bank owns an interest in it. A half cannot be sold unless the bank agrees to partially release that portion from the mortgage.It all depends on the description of the property covered by the mortgage. If the entire property was described in the mortgage the bank owns an interest in it. A half cannot be sold unless the bank agrees to partially release that portion from the mortgage.It all depends on the description of the property covered by the mortgage. If the entire property was described in the mortgage the bank owns an interest in it. A half cannot be sold unless the bank agrees to partially release that portion from the mortgage.It all depends on the description of the property covered by the mortgage. If the entire property was described in the mortgage the bank owns an interest in it. A half cannot be sold unless the bank agrees to partially release that portion from the mortgage.
Does mortgage holder or deed holder sign at closing?
If the property is subject to a mortgage the mortgage must be paid off at the time of the sale of the property to a new owner. The holder of the mortgage must provide a signed release of the mortgage that can be recorded in the land records.The owner of the property signs the deed that transfers the property to the new owner.The new owner of the property signs the new mortgage.
Is a quitclaim deed the same as a mortgage deed?
No. A quitclaim deed transfers the property to a new owner permanently. A mortgage deed is a conditional deed that transfers title to the bank only until the mortgage is paid and then the bank must release its interest.
Can you convey partial ownership to a mortgaged property?
The property is subject to the mortgage. In order to sell a portion free and clear of the mortgage you would need to obtain a partial release from the bank. The partial release must describe the portion you want to sell and must be recorded in the land records.
Can you transfer real estate by will without paying off mortgage?
Any other person who may inherit the property would inherit it subject to the mortgage. If the mortgage is not paid the bank can take possession of the property by foreclosure. The person who owned the property at the time of the mortgage signed their rights in the property over to the bank when they signed the note and mortgage. Depending on your state laws the bank either owns the property or has a lien on it until the debt is paid. The bank will not release its interest until it's paid in full.
How do you fill out release of mortgage document?
To ensure that you officially release the specific mortgage that has been paid off or satisfied, a discharge of mortgage, or "release of mortgage" will require the following informtion: Original mortgage information Original lender Date Original principal amount Recording information (County, and book/page or Document No#) Borrower's name Property Addresss The release of mortgage needs to be signed by the current mortgage holder of record. The person signing the release needs to have the discharge executed in front of a Notary Public.
Why would a mortgage release be on public record file?
A mortgage is a lien on the property that is recorded in the land records to notify other creditors or buyers that the property has been put up as collateral for a loan. When the mortgage is paid off the lien must be released by a mortgage discharge recorded in the land records.A mortgage is a lien on the property that is recorded in the land records to notify other creditors or buyers that the property has been put up as collateral for a loan. When the mortgage is paid off the lien must be released by a mortgage discharge recorded in the land records.A mortgage is a lien on the property that is recorded in the land records to notify other creditors or buyers that the property has been put up as collateral for a loan. When the mortgage is paid off the lien must be released by a mortgage discharge recorded in the land records.A mortgage is a lien on the property that is recorded in the land records to notify other creditors or buyers that the property has been put up as collateral for a loan. When the mortgage is paid off the lien must be released by a mortgage discharge recorded in the land records.
Both husband and wife jointly own property His mother has Life Estate but leaves home who owns the property?
The H & W own the property in fee. However, the property is subject to the life estate of the mother. If they wish to sell or mortgage the property she would need to sign the deed or mortgage. If she no longer lives there then they should obtain a release from her for her life estate and the release should be recorded in the land records. Otherwise, only a death certificate will extinguish the life estate as a burden on the property.
Is a discharge of mortgage the same as a title?
No. A discharge of mortgae is proof from the lender that you have paid off the mortgage - it is a release of their ownership of it to you. It must be recorded at your county seat so that an unencumbered titel to the property can be issued to you.
Can you get equity release when you have a mortgage?
Equity release is re-mortgage plan that makes it possible to release equity on a mortgaged property. But, as soon as the equity amount is paid, you have to clear all the outstanding mortgages on your house. There are some equity release providers who deduct the outstanding mortgages from the value of your house to repay the loan.
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.
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.
