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You have suggested a very complicated situation. You need to consult with an attorney who can review the situation and explain the rights and options of the various parties.
You have suggested a very complicated situation. You need to consult with an attorney who can review the situation and explain the rights and options of the various parties.
You have suggested a very complicated situation. You need to consult with an attorney who can review the situation and explain the rights and options of the various parties.
You have suggested a very complicated situation. You need to consult with an attorney who can review the situation and explain the rights and options of the various parties.
What else can I help you with?
Does a landlord have the right to collect rent on a home with a notice of default?
As long as the landlord is in legal possession/ownership of the property and as long as you are residing on/in his property, yes. His notice of default has no legal effect of putting a "stay" on your payment of rent.
Do you have to declare bankruptcy if you default on your mortgage?
No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.
Can a wife refinance a house in Illinois on her own and keep the husbands name on the title?
No. The lender will require that all owners sign the mortgage. If there is a default it will want the authority to take possession of the property. It cannot take full possession if one owner didn't sign the mortgage.
What is a landlord Estoppel Certificate?
It can mean where an estoppel certificate is required of a landlord (they can are also sometimes required of the tenant), where the landlord is required to make certain representations regarding the state of the lease (neither tenant nor landlord are in default), the state of the underlying property (e.g. no encumbrances, or no default on mortgage, or no condemnation proceedings) or other representations at the request of a lender (to the landlord or the tenant) or a buyer of the property.
What is suborination and non disturbance agreement?
The correct term is "subordination". This is an agreement signed by a tenant and landlord of commercial property which is a recognition on the part of the tenant that the lease is subordinate to any mortgage which the landlord has or may in the future place on the property. Lenders sometimes want this so that the tenant recognizes that the lease does not have priority over a mortgage granted by the lender. The non disturbance agreement generally signed by the lender and/or landlord which indicates that so long as the tenant is not in default of the lease, the possession of the tenant will not be "disturbed" or in other words, the tenant will be allowed to remain in the premises even if the landlord should be in default of the mortgage.
What happens when a landlord has a counterclaim against them and don't show up for docket call?
Landlord doesn't show? Case dismissed. If the Landlord is a Defendant and doesn't show: default judgment against them.
Do you have to pay rent to a landlord who's property is in default?
Yes, you have to pay rent to a landlord whose property is in default. As long as the landlord still has control over the property he can still collect rent from you and evict you if it's not paid. A foreclosure of a home is a matter between the owner of the home and his lender, not the tenant.
What happens if a landlord takes a tenant to court and the landlord does not show up?
The landlord will win by a default judgment. In some states, such as California, you must still present your case to the judge even though the tenant did not show up. In other states, such as Nevada, if the tenant does not show up you are awarded a default judgment and do not speak with the judge at all.
Can a spouse get a home equity loan without the other spouse's signature?
All the owners of the property must sign in order for the lender to have the authority to take the property by foreclosure in the case of a default. A prudent lender will not loan money on a half interest in real property since they could not take possession of the non-borrower's half interest if the loan wasn't paid.All the owners of the property must sign in order for the lender to have the authority to take the property by foreclosure in the case of a default. A prudent lender will not loan money on a half interest in real property since they could not take possession of the non-borrower's half interest if the loan wasn't paid.All the owners of the property must sign in order for the lender to have the authority to take the property by foreclosure in the case of a default. A prudent lender will not loan money on a half interest in real property since they could not take possession of the non-borrower's half interest if the loan wasn't paid.All the owners of the property must sign in order for the lender to have the authority to take the property by foreclosure in the case of a default. A prudent lender will not loan money on a half interest in real property since they could not take possession of the non-borrower's half interest if the loan wasn't paid.
Can spouse refinance home in his name only?
All the owners of the property must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.All the owners of the property must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.All the owners of the property must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.All the owners of the property must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.
When refinancing mortgage do both spouses have to be on mortgage in TN?
If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.
What happens during a foreclosure?
After a default by the borrower the bank takes possession of the property and sells it.
