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The buyers attorney would arrange to have the title examined, find the outstanding mortgage in the land records and require that it be paid from the proceeds of the sale. Your lender has the right to demand payment in full upon any transfer of the property. You could owner-finance the property but your mortgage must be paid off at the time of the sale.
What else can I help you with?
Can 1 person sell a home if 2 people are on mortgage but 1 signed over the deed?
The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.
What can homeowner do if lien is file against his property?
The owner cannot mortgage or sell the property until the lien is paid.
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 the person who holds the mortgage but not the deed sell a house?
Yes, but only if you have defaulted on the mortgage. When you granted the mortgage you gave the lender an interest in the property that it could foreclose if you do not keep up payments on the mortgage. The lender can sell the property to recover the debt. If your name went on a deed after the mortgage was granted, and the mortgage was granted by the owner of the property at the time of the mortgage, the bank has a superior claim and can take the property if the mortgage isn't paid.
Can a property in two names be forced to sell under a one name personal guarantee?
No. One co owner of a property can only mortgage their own interest in the property. If they default, the lender can only foreclose on their interest and not on the interest of the other owner who did not consent to the mortgage.
What does it mean to be a title theory state in Michigan?
In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.
What is the best way to sell property so the owner retains the title until it is paid for?
That is not a good way to sell property at all. The owner should divest themselves of the property by conveying it outright by a proper deed and take back a mortgage on the property. The mortgage should have as a provision the power to take possession of the property in the case of a default. You should discuss it with an attorney who specializes in real estate law.
What will happen if you stop making your mortgage payments?
The lender will take possession of your property by foreclosure and sell it to a new owner.The lender will take possession of your property by foreclosure and sell it to a new owner.The lender will take possession of your property by foreclosure and sell it to a new owner.The lender will take possession of your property by foreclosure and sell it to a new owner.
If you are added to mortgage but not title can other person sell?
You should not be "added to the mortgage" if you're not an owner of the property. By signing a mortgage you agree to be liable for payment of the underlying debt for property that you don't own. If the mortgage goes into default the bank will go after you for payment and your credit will be ruined.
If one person is on the deed and two people signed the note can the person on the deed sell the property without permission satisfy the mortgage and collect the proceeds?
Of course. A person who signs a note and is not on the deed is simply a volunteer. They have volunteered to pay a mortgage on property they don't own if the primary borrower defaults. The owner of the property can sell the property and pay off the mortgage from the proceeds at any time.
Does the person have the right to sell property on her name when the money to buy the property is from her live-in partner?
Absolutely yes. If the property is in her name then she is the owner and has the right to sell it.Absolutely yes. If the property is in her name then she is the owner and has the right to sell it.Absolutely yes. If the property is in her name then she is the owner and has the right to sell it.Absolutely yes. If the property is in her name then she is the owner and has the right to sell it.
One person is on the deed and two people signed the note . Can the person on the deed sell the property without permission satisfy the mortgage and collect the proceeds?
Yes. A person who does not own the property but signs the note is simply a volunteer. They have volunteered to pay the mortgage if the primary borrower (the owner of the property) defaults. Signing a mortgage for property you don't own is a very bad decision.
