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Can a remainder interest owner be held responsible for paying a mortgage?
If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.
Will life insurance pay off a reverse mortgage?
Yes. Even better, it can reduce estate taxes. Without a mortgage, your home's value will be part of your total estate and subject to estate taxes. With a mortgage (reverse or otherwise), only the net equity portion will be added to the estate. The life insurance proceeds will be paid to your beneficiaries free of tax, and can then be used to extinguish the reverse mortgage balance. Many people who need the benefits of a reverse mortgage, but are concerned about "stealing" their kids' inheritance are electing this strategy. Let me give you an example of an arrangement I just helped a lady put in place. She obtained $336,000 from her reverse mortgage. We put that into an immediate annuity, which guarantees her a monthly income for life of $2,800. She is using $1,500 of that to pay the premium on a $500,000 life insurance policy, and the remaining $1,300 per month ($15,300/year - tax free) as additional income. When she dies, the $500,000 should be more than enough to repay the reverse mortgage. That's a great outcome - and one more seniors should look at.
What are my responsibilities to a mortgage I hold for a property that I only have a life estate tenancy in and I can no longer afford and the remainderman will not sell?
This is one of the real challenges in a life estate. State and country laws vary, but in general: The Life Tenant is responsible for the mortgage interest as well as the taxes, ordinary maintenance and repairs. The Remainderman is responsible for major repairs and the principle of the mortgage. One option may be to give up the life estate, leaving the Remainderman entirely responsible for the property, including the mortgage. This could be a negotiating point. I highly recommend visiting an attorney licensed in your jurisdiction to get help that works in your situation.
Whose financial asset is the life estate the remainder or the life tenant?
Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.
Can a remainderman get a mortgage on a property with a life estate?
It is possible. It is not likely to be very favorable terms, but if the bank is willing to do it, they certainly can. Consult with a bank in the area that knows what the rules are for where you live.
Can you get a reverse mortgage on property with your life use deed?
I will assume you conveyed your property to a family member and reserved a life estate in that deed. You may be able to obtain a reverse mortgage but the new owners of the property will need to sign their consent to the mortgage. In my area of Massachusetts the banks are granting reverse mortgages to seniors who retained life estates when they conveyed their real property to their children as long as the children join in signing the mortgage.
You co-signed on your sons mortgage you have your own property in a life estate can your sons mortgage company have any rights to your property that is in the life estate?
If the property in which you have a life estate is a separate and distinct property from the property your son mortgaged (and you co-signed) then the lender has no rights in your life estate property. If the property your son mortgaged is the same property in which you have a life estate then if he defaults on the mortgage and the lender takes possession you will also your life interest in the property since you also signed the mortgage.
What happens if a property is foreclosed and you have a life estate?
That depends on whether you consented to the mortgage. If you signed the mortgage you transferred your life estate to the bank during the period the mortgage was unpaid. If the mortgage went into default the bank can take possession of the property and wipe out your life estate. If you did not sign the mortgage the bank would take possession of the property subject to your life estate and your right to the use and possession of the property would continue.
How do you refinance a life estate property?
Generally, in order to refinance the property the owner of the property AND the life estate holder must both sign the mortgage. If you are only a life estate holder you cannot refinance the property. A lender will grant a mortgage to the owner of the property only and the life estate holder must sign their consent. See related question link.
Can someone other then the life estate holder take a mortgage out on the property without the life estate holders permission?
No. Only the fee owners can mortgage the property and they can only do so with the written consent of the life tenant.
Can the owner of a life estate in Florida sell or mortgage the property if a remainderman is on the deed?
They can only sell their rights to the property. Which only last as long as they live. No one would accept a mortgage on a life estate.
Can a remainder interest owner be held responsible for paying a mortgage?
If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.
Does Fannie Mae accept life estates?
If the fee owner applies for a mortgage the life tenant must consent in writing so the property can be taken by foreclosure free of the life estate if there us a default.If the fee owner applies for a mortgage the life tenant must consent in writing so the property can be taken by foreclosure free of the life estate if there us a default.If the fee owner applies for a mortgage the life tenant must consent in writing so the property can be taken by foreclosure free of the life estate if there us a default.If the fee owner applies for a mortgage the life tenant must consent in writing so the property can be taken by foreclosure free of the life estate if there us a default.
Does the life tenant loose interest if the remainder man defaults on the mortgage on the property?
As long as there is notice of the life estate in the public land records the bank would need the life tenant's signature on the mortgage and note in order to wipe out the life estate. If the life tenant didn't sign the original mortgage and note then the bank has a problem. If it forecloses, it would acquire possession of the property SUBJECT TO the life estate.
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.
Who owns the house equity in a life estate deed?
The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.
Can you mortgage a fee simple deed with a life estate?
Yes. You can grant a mortgage on property owned in fee simple that is subject to a life estate. However, the life tenant must give their written consent by signing the mortgage. That way the lender can take possession by foreclosure, free and clear of the life estate, in the case of a default.
