You need to consult with an attorney in your area who can review the situation and the time period and explain your options under your state law. (it would help if whoever buried the debris also included some personal identification to help identify the perpetrator)
A mortgage can be either a recourse or nonrecourse debt, depending on the terms of the loan agreement. In a recourse mortgage, the lender can seek additional assets of the borrower if the property does not cover the full amount owed. In a nonrecourse mortgage, the lender's only recourse is the property itself.
yes
"Is Georgia a non recourse debt state?" Since Florida is not a recourse state, and Florida adopted its laws from Georgia, Georgia must not be a recourse state.
A mortgage is a loan used to buy a home or property, where the property itself serves as collateral for the loan. In some cases, mortgages are considered recourse loans, meaning the lender can go after the borrower's other assets if they default on the loan.
A person reported you as a trespasser and the police arrested you for trespassing. Your best recourse is to contact the property owner and have them speak to the police and explain that you were permitted to be on the property and should not have been arrested. If the property owner would not have wanted you on the property, you are guilty of trespassing. If the police caught you redhanded, trespassing on the property, your best recourse is to plead no contest and be remorseful at your court appearance.
I've heard if the 2nd was used to buy the property initially then there is no recourse. If the 2nd is a line of credit taken later after the initial purchase the lender can sue you for the money.
no....... the lender can go after you for up till 2 yrs after they sell the property.
No. If he dies and defaults on the loan the bank's recourse is to take possession of the property by foreclosure. The bank has no claim against you.
Good question, I have been looking for an exact answer my self. I have learned from my searches: Generally a note is an obligation to pay and must be paid in full. So, unless a note is explicitly non-recourse, the creditor can seek any of debtor's property for payment (subject to bankruptcy limitations). The general rule is that note secured by mortgages on property are recourse loans. The major exception comes from the antideficiency statues, common in the western states, that apply generally to mortgages securing loans on personal residences.
The only recourse is to pay the taxes or the state will take the estate and the son will get nothing.
Possibly. It depends on your basis, how much depreciation you have claimed, whether the loan is recourse or non-recourse, and whether the bank is canceling the unrecovered balance of the loan. A foreclosure is treated as if you sold the property to the bank. On a recourse note, it is treated as if you sold the property for the fair market value at the time of foreclosure. On a non-recourse note, it is treated as if you sold it for the balance of the loan. (I am assuming the loan balance is more than the value of the property, otherwise you would have just sold the property and paid off the loan, right?) On a recourse note, if the bank decides not to pursue a deficiency judgment against you, then the cancelled debt (the difference between the FMV and the balance due) is taxable ordinary income (unless you meet the insolvency or bankruptcy exceptions). You'll also need to recapture depreciation, just like on an ordinary sale. Unlike a homeowner whose personal home is foreclosed upon, you will be able to claim a capital loss.
Private property is typically protected by laws, including property rights, contracts, and legal recourse in the event of theft or damage. In many countries, individuals have the legal right to own, use, and dispose of property as they see fit within the boundaries of the law.