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Is there any truth that if a mortgage company forecloses on you they have to pay you because of the Homestead Act?
Wiki User
∙ 14y ago
No. The Homestead Act of 1862 provided a means for people to claim land that was ownerless. When you got a mortgage to buy property, someone else owned it. Foreclosure occurs as a result of failure to pay back money that you borrowed. In some cases, a mortgage company may pay you to move (cash for keys) in order to gain control over the property without long delays, but that is not the Homestead Act.
Wiki User
∙ 14y ago
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What happens to the first mortgage when the second mortgage forecloses?
AnswerThe first mortgage would have the first position on the lien. So if the second mortgage company foreclosed on the property - they would sell the property and the sale proceeds must go to pay off the first mortgage company first. Then, if there is anything left over, that money goes to the second mortgage company.For example, there is a first mortgage of 100,000 and a second mortgage of 40,000. The property is foreclosed and sold for 125,000. The first mortgage gets paid off (100,000) and the second mortgage company gets the remaining 25,000.The property owner still owes the second mortgage company the other 15,000.--------------------------------------------------------------------------------------------------------------Not true. Maybe different laws in different states but here the 2nd mortgage foreclosure sale does not directly effect the 1st mortgage. It remains a lien.
My mother is deceased I am the executor of her estate there was a mortgage on a mobile home and my name is not on the loan so if the mortgage company forecloses am I liable for the loan amount?
If the mobile home and mortgage are in your mother's name alone then you are not personally responsible for paying the loan. However, your mother's estate is responsible for her debts. If the loan isn't paid the bank will foreclose on the property and is entitled to any other assets if there is a deficiency.
Can your insurance company refuse to pay your mortgage because you are going on holidays?
Insurance companies do not pay your mortgage for you regardless of if your on vacation or not.
What happens to the second mortgage when the first mortgage forecloses on the property and will the second mortgage go after the holder or will they show the balance owed as earned income?
Depends on the state. In many states the holder of the second mortgage can come after you for the balance due. If the second is from the same company that holds the first that may not be as likely. It really depends on your state and whether the lending institution has the right to pursue you for the balance between what they eventually sell the house for and what you owed. Check to see if your state is a deficiency state and then talk to an attorney.
Does the mortgage company verify your income?
Yes the mortgage company verifies income.
If I foreclose on my house can the attorney come after me for attorney fees?
What I know about this is that a mortgage company that forecloses your house has no right to get the remaining balance to you.
If a home you are selling forecloses will the bank repossess or put lien on one you are in the process of buying?
The answer is probably yes, unless your state provides that the dream home (your homestead) is exempt from attachment by creditors. It would be different from state to state. In Texas, the answer would be no. There are actually companies that will work with you for free to buy your mortgage away from your mortgage company and avoid your foreclosure.
If a home is rented and goes into default who will be held responsible for the tenants the owner on deed but not mortgage or the other owner on deed and mortgage or mortgage company that forecloses?
First, default just means not paying. The mortgage company has nothing to do with the tenants until there is a foreclosure sale. The two owners on the deed are the landlords. After a foreclosure sale, the bank must give at least 90 days notice to tenants.
What happens to the first mortgage when the second mortgage forecloses?
AnswerThe first mortgage would have the first position on the lien. So if the second mortgage company foreclosed on the property - they would sell the property and the sale proceeds must go to pay off the first mortgage company first. Then, if there is anything left over, that money goes to the second mortgage company.For example, there is a first mortgage of 100,000 and a second mortgage of 40,000. The property is foreclosed and sold for 125,000. The first mortgage gets paid off (100,000) and the second mortgage company gets the remaining 25,000.The property owner still owes the second mortgage company the other 15,000.--------------------------------------------------------------------------------------------------------------Not true. Maybe different laws in different states but here the 2nd mortgage foreclosure sale does not directly effect the 1st mortgage. It remains a lien.
If the homeowners association foreclose on property how does your loan get paid to the mortgage company?
If the homeowners association forecloses on a property, the foreclosure process typically involves a sale of the property. The proceeds from the sale are used to cover various expenses, including any outstanding debts, such as mortgage payments. The mortgage company will be paid from the sale proceeds first before any remaining funds are distributed to other creditors or the homeowner.
My mother is deceased I am the executor of her estate there was a mortgage on a mobile home and my name is not on the loan so if the mortgage company forecloses am I liable for the loan amount?
If the mobile home and mortgage are in your mother's name alone then you are not personally responsible for paying the loan. However, your mother's estate is responsible for her debts. If the loan isn't paid the bank will foreclose on the property and is entitled to any other assets if there is a deficiency.
Why should you sue a mortgage company?
There are many reasons why you would sue your mortgage company. Each reason would be because the mortgage company wronged you in some way (for example, not putting enough of your monthly payment toward principal). If you feel you have been wronged by your mortgage company, please contact your state attorney generals office.
What can a mortgage company do if mortgage had not been paid in 4 years?
What can a mortgage company do if mortgage has not been paid in 4 years
Can your insurance company refuse to pay your mortgage because you are going on holidays?
Insurance companies do not pay your mortgage for you regardless of if your on vacation or not.
What happens to the second mortgage when the first mortgage forecloses on the property and will the second mortgage go after the holder or will they show the balance owed as earned income?
Depends on the state. In many states the holder of the second mortgage can come after you for the balance due. If the second is from the same company that holds the first that may not be as likely. It really depends on your state and whether the lending institution has the right to pursue you for the balance between what they eventually sell the house for and what you owed. Check to see if your state is a deficiency state and then talk to an attorney.
How do you know if your foreclosure will be pursued by the mortgage company?
go ask the mortgage company.
Does the mortgage company verify your income?
Yes the mortgage company verifies income.
