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You need to research your state and Federal Laws that govern foreclosure and make certain the mortgage document is valid for pursuing a foreclosure.

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15y ago

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What do you do if you owner financed a home and now the owner is not making payments and the mortgage company is going to foreclose?

You have to make the payment, but you also need to start forclosure yourself. Get the property back and sell it again.


Can the Mortgage be in your name and deed be in both your names not married?

All the owners of the property will be required to sign the mortgage so that in the case of a foreclosure the lender can take possession of the property. If only one owner signs the bank cannot foreclose on the other owner's interest.All the owners of the property will be required to sign the mortgage so that in the case of a foreclosure the lender can take possession of the property. If only one owner signs the bank cannot foreclose on the other owner's interest.All the owners of the property will be required to sign the mortgage so that in the case of a foreclosure the lender can take possession of the property. If only one owner signs the bank cannot foreclose on the other owner's interest.All the owners of the property will be required to sign the mortgage so that in the case of a foreclosure the lender can take possession of the property. If only one owner signs the bank cannot foreclose on the other owner's interest.


How long does it take the bank to foreclose a property when owner dies in California?

2yers later


Can a home owner's association foreclose on a home?

If they hold a mortgage or a lien on the property. Home owner's associations often have required dues and if they are not paid, a lien can be placed on the property.


What is the process to follow in order to foreclose on an owner financed house whose buyers are behind in payments?

There are laws and procedures regarding this, including notifying the owners of your intent to foreclose. A real estate lawyer would probably be a good idea.


Can a mortgage company foreclose when the mortgagor sold property and new owner cannot pay?

Yes. Property remains subject to a mortgage until the mortgage is paid off. If a person purchases property that is subject to a mortgage that the seller granted to a bank, the new owner must pay the mortgage or the bank can foreclose.


If Mortgage note is in one persons name and the deed to property is in another can mortgage company foreclose and take both house and land?

Yes. ==Clarification== The mortgage company can only foreclose if the OWNER of the real estate signed the mortgage. If someone other than the owner signed the mortgage the bank has no interest in the property and therefore cannot foreclose.


When there are two names on a deed can one get a mortgage loan or do both parties have to sign for the loan?

Al the owners must sign the mortgage or the bank will not be able to foreclose on the property in case of a default. If there is another owner you cannot grant a mortgage on their interest in the property.Al the owners must sign the mortgage or the bank will not be able to foreclose on the property in case of a default. If there is another owner you cannot grant a mortgage on their interest in the property.Al the owners must sign the mortgage or the bank will not be able to foreclose on the property in case of a default. If there is another owner you cannot grant a mortgage on their interest in the property.Al the owners must sign the mortgage or the bank will not be able to foreclose on the property in case of a default. If there is another owner you cannot grant a mortgage on their interest in the property.


What happens if you can't pay your second mortgage?

The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.


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.


Must a lien holder notify the owner of the property of his intent to foreclose?

In most cases, lien holders are legally required to notify the owner of the property of their intent to foreclose. This notification is typically done through a formal process, such as mailing a written notice or serving the owner with legal documents. The specific requirements and procedures can vary depending on the jurisdiction and the type of lien involved.


Can someone forclose on property they do not own?

No, a person cannot foreclose on property they do not own. Foreclosure is a legal process that allows a lender to take possession of a property when the borrower fails to repay their mortgage. Only the property owner or the lender holding the mortgage has the right to initiate foreclosure proceedings. If someone attempts to foreclose on property they do not own, it would be considered illegal and could lead to legal consequences.

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