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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.
What else can I help you with?
Can a tenant in common mortgage its interest?
Yes. As long as the lender will accept it. If the borrower defaults and the lender should later need to foreclose on the mortgage, it will acquire only the tenant's proportionate interest in the property and not the interest of the other co-owner(s) who didn't execute the mortgage.
What is leasehold mortgage?
A leasehold mortgage is an encumbrance on a tenant's interest in a lease conveyed to a lender as collateral for a loan to the tenant.
Does the life tenant loose interest if the remainder man defaults on the mortgage on the property?
As long as there is notice of the life estate in the public land records the bank would need the life tenant's signature on the mortgage and note in order to wipe out the life estate. If the life tenant didn't sign the original mortgage and note then the bank has a problem. If it forecloses, it would acquire possession of the property SUBJECT TO the life estate.
How can landlord hold mortgage to tenant?
A landlord only collects rent from a tenant, not mortgage payments. If the landlord then holds a mortgage for the tenant, then they are no longer a landlord, rather, a mortgage holder, like a financial institution. There are many cases where the tenant has an option to buy the home, and many terms are discussed and agreed thereto. Landlords can turn into mortgage holders. Landlords can evict, but mortgage holders can foreclose-- two different types of court proceedings.
Can you bequeath property you own as tenant in common?
Yes. You can leave your interest as a tenant in common in your will.Yes. You can leave your interest as a tenant in common in your will.Yes. You can leave your interest as a tenant in common in your will.Yes. You can leave your interest as a tenant in common in your will.
If a home has 2 people named on the deed but the mortgage is in only one persons name what happens if the person who dies is not the mortgage holder?
It depends on how the 2 people owned the property: as joint tenants, tenants by the entirety, tenants in common, and whether the mortgage covered the entire fee ownership or just one joint tenant's interests in it. Too little information to be specific, but if we're talking joint tenants with the right of survivorship, the mortgagor-owner would inherit the deceased joint tenant's share and nothing much would change.
If a tenant in common dies and states in their will that the other tenant can live in said property until death or sale what is the living person's financial obligations?
If property is not yet paid off, the living tenant must keep up with the mortgage payments or forfeit the dwelling to the next of kin.
If a Joint Tenant has the mortgage in his name and the other joint tenant defaults on his home equity loans what are the legal ramifications to the mortgage holder?
This sounds like a real mess. It sounds like two joint tenants own a piece of property in common with one having the mortgage in his name. The other joint tenant has a piece of property that has a home equity loan about to go into default. In one state the joint tenant with the home equity in default would lose that piece of property. It would not affect the piece of property he or she owned with a different person.
What if a death certificate isn't recorded for the life tenant?
You must record a death certificate to clear the title. If the life tenant is deceased there is a cloud on the title until proof of their death is recorded in the public records. You cannot sell or mortgage the property until the death certificate is recorded.
What if your landlord stopped paying his mortgage for a building you live in?
That has nothing to do with the tenant.
Can one joint tenant with right of survivorship get a mortgage on the property?
Yes. If the lender agrees. Only a half interest could be included in the mortgage.However, an experienced lender would want all the owners to sign the mortgage in case there is a default. If only one owner signed the mortgage, the lender could only foreclose on that person's half interest. It would become a tenant in common with the co-owner. That half interest would be difficult to sell. In some states, if the mortgagor died their interest in the property would disappear and the surviving joint tenant would own the property free of the bank's mortgage.
Is mortgage included in common area maintenance?
The mortgage is not included in the Common Area Maintenance. Common Area Maintenance (CAM) expense is considered the expense for taxes, insurance and maintenance and operation of the Common Areas of a property including but not limited to, shared utilities, community lighting, parking lot repairs, landscaping, etc. A mortgage is not considered an operations expense. Leases will usually specify what constitutes CAM charges reimbursable by the tenant (lessee) to the owner (lessor).
