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Not if your home is exempt. Check your state's homestead exemption laws. findlaw.com is a great resource. Actually they can forclose without you doing anything.

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18y ago

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Can a secured creditor demand there furniture back in discharge?

They can "demand" but they cannot force you to return furniture. However, if a creditor has a security interest in the furniture, then can foreclose (i.e. take back) the furniture if you fail to make payments.


Can you force a foreclosure to get your name off of a mortgage?

Generally, to remove one person from a mortgage that person must transfer their interest in the mortgaged property to the other and then the remaining sole owner must refinance the property in their sole name. The existing mortgage must be paid off.In your case you ask if you can force a foreclosure to get your name off. Only the lender can foreclose and only in the case of a default, i.e., not paying the mortgage payments. If the lender does foreclose, both your credit records will be equally damaged.Generally, to remove one person from a mortgage that person must transfer their interest in the mortgaged property to the other and then the remaining sole owner must refinance the property in their sole name. The existing mortgage must be paid off.In your case you ask if you can force a foreclosure to get your name off. Only the lender can foreclose and only in the case of a default, i.e., not paying the mortgage payments. If the lender does foreclose, both your credit records will be equally damaged.Generally, to remove one person from a mortgage that person must transfer their interest in the mortgaged property to the other and then the remaining sole owner must refinance the property in their sole name. The existing mortgage must be paid off.In your case you ask if you can force a foreclosure to get your name off. Only the lender can foreclose and only in the case of a default, i.e., not paying the mortgage payments. If the lender does foreclose, both your credit records will be equally damaged.Generally, to remove one person from a mortgage that person must transfer their interest in the mortgaged property to the other and then the remaining sole owner must refinance the property in their sole name. The existing mortgage must be paid off.In your case you ask if you can force a foreclosure to get your name off. Only the lender can foreclose and only in the case of a default, i.e., not paying the mortgage payments. If the lender does foreclose, both your credit records will be equally damaged.


If for you borrow 3000.00 for a down payment from a family member and you fall behind in repayment can they force you out of your home if you still owe 600000 to another lender?

Generally: If you signed a promissory note the family member can sue you and obtain a judgment lien. Once recorded you cannot sell or mortgage the property until the lien is paid. Your family member cannot take your home unless they recorded a mortgage in the land records that reserved the right to foreclose. If they foreclose, they would take the property subject to the mortgage and would need to make the mortgage payments.


Homeowners insurance cancelled what will the mortgage company do?

The mortgage company will force-place coverage for the dwelling for you. Ultimately, you will be paying for it. It will also be A LOT more expensive for you with (generally) less coverage.


How long does the mortgage company have to give you before they can force you to leave your home?

They take you to court first


Who is legally responsible for a mortgage when the borrower's death was not reported but an adult child assumes mortgage payments and is 6 months behind?

I believe most mortgages have a due-on-death clause, so, legally, the bank can force a sale if it finds out the mortgage holder died. Regardless, if the mortgage payments are behind, the bank is going to try to get the mortgage holder to pay. Since that person died, I assume there is no one who is legally able to talk to the bank. The bank will foreclose eventually and clean out the house. If the sale price of the house is greater than the mortgage balance plus costs, the bank will want to pay someone that difference. If no one is legally appointed to represent the mortgage holder's estate, the bank will probably give the money to the state as 'unclaimed property'. unfortunately the bank is going to reposses your parent's property and kick you out. any net proceeds of the property will go to the estate and be divided up according to the will (if there is one) you need to contact an attourney immediately.


If the mortgage on your home was not reaffirmed after bankruptcy can the mortgage holder report on your credit report?

I can only speak from my own experience. It does indeed appear on our credit report and also states that the mortgage company is filing a claim against us--even though we did not reaffirm the loan. Completely wrong and I've disputed it many times with ALL the credit bureaus but they will not remove it. I'm not sure if there's a government organization that can help force the mortgage company to report correctly to credit bureaus or one that can force the credit bureaus to actually DO an investigation when you dipute it. No win situation, I'm afraid


Can the second mortgage holder force the sell of your home?

Yes. If you do not pay the 2nd mortgage, you can lose your home in a foreclosure sale. The difference between the first and 2nd mortgage holder in that case varies according to the unit of government. The law in the United States is according to state law. At one time in this state, the first mortgage holder had certain rights concerning whether or not to foreclose. There was a time period when the first mortgage holder had the chance to try to sell the first mortgage or something like that. I have not kept up with all the changes in the law involving second mortgages. Still, when there is a foreclosure, the first mortgage holder gets paid off first. If there is anything left, the second mortgage holder gets paid. Some commercial property has as much as a fifth mortgage.


What are the release dates for Aqua Teen Hunger Force - 2000 Creditor 8-5?

Aqua Teen Hunger Force - 2000 Creditor 8-5 was released on: USA: 12 June 2011


Does bankruptcy force an adjustable mortgage into a fixed mortgage?

No...and in fact it may well resolve the mortgage by selling the property it is secured to to pay the lender.


If you are on a deed but not the mortgage are you responsible for the mortgage?

I would wonder how the lender loaned money without the signature of all the owners. However, if the other joint owner granted a mortgage to a lender and hasn't paid the debt then the lender can foreclose on the interest of the borrower. They would then become the owner with you and may be able to force the sale of the property to get their money. That would be costly for the lender. Perhaps you could arrange a deal with the lender to rewrite the loan so you could pay it back.


What happens if one tenant in common records a note or mortgage?

If the tenant in common who mortgaged her half interest defaults on the loan then the lender can only foreclose on that half interest. The lender would have to share the property with you. It could petition to partition the property, try to force a sale and share the proceeds with you. Their legal costs would come out of their half not yours. A foreclosure and partition would be very expensive for the lender. The important point here is that your half is free and clear of the mortgage unless you signed it.