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Can a person sell property that was held as security for a loan without consent of the lender?
If you check the note and mortgage you signed you will find some type of clause that says the mortgage will become due in full upon any transfer of the property. You would find yourself in legal trouble with the bank and with the buyer. You should do it the right way.
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Can anyone mortgage any property without the signature of the registered owner or does it require the signature of the owner?
Of course not. When a property owner gives a mortgage to the bank they must sign over an interest in their property so that if they default on the mortgage the bank can take possession of the property by forelosure. You cannot pledge property as security for loan if you don't own the property. Granting a mortgage to a lender requires the consent and signature of the owner.Of course not. When a property owner gives a mortgage to the bank they must sign over an interest in their property so that if they default on the mortgage the bank can take possession of the property by forelosure. You cannot pledge property as security for loan if you don't own the property. Granting a mortgage to a lender requires the consent and signature of the owner.Of course not. When a property owner gives a mortgage to the bank they must sign over an interest in their property so that if they default on the mortgage the bank can take possession of the property by forelosure. You cannot pledge property as security for loan if you don't own the property. Granting a mortgage to a lender requires the consent and signature of the owner.Of course not. When a property owner gives a mortgage to the bank they must sign over an interest in their property so that if they default on the mortgage the bank can take possession of the property by forelosure. You cannot pledge property as security for loan if you don't own the property. Granting a mortgage to a lender requires the consent and signature of the owner.
Can a mortgaged property be placed in trust?
No. Not without the lender's approval.No. Not without the lender's approval.No. Not without the lender's approval.No. Not without the lender's approval.
Does a lender need to file a deed of trust on your property?
It depends on the jurisdiction. The lender needs to file a deed of trust or a mortgage to protect its security interest in the property.It depends on the jurisdiction. The lender needs to file a deed of trust or a mortgage to protect its security interest in the property.It depends on the jurisdiction. The lender needs to file a deed of trust or a mortgage to protect its security interest in the property.It depends on the jurisdiction. The lender needs to file a deed of trust or a mortgage to protect its security interest in the property.
What is a legal mortgage?
A legal mortgage is a security interest granted to the lender by the owner of property as a condition of the loan. A note details the specifics of the money being loaned to the borrower. The mortgage refers to a security interest which the borrower grants the lender. The lender takes the security interest so that if the borrower defaults on the loan, the lender can seize the underlying asset (the real property, or home).
Can you convey partial ownership to a mortgaged property?
The property is subject to the mortgage. In order to sell a portion free and clear of the mortgage you would need to obtain a partial release from the bank. The partial release must describe the portion you want to sell and must be recorded in the land records.
Can a bank foreclose on a house if one spouse's name was deleted from deed without consent?
The lender can foreclose if all the owners signed the mortgage and there is a default in the payments.A spouse cannot be "removed from a deed" without their consent. The only way for a person to give up their ownership of real property is by signing a new deed that transfers their interest to someone else.The lender can foreclose if all the owners signed the mortgage and there is a default in the payments.A spouse cannot be "removed from a deed" without their consent. The only way for a person to give up their ownership of real property is by signing a new deed that transfers their interest to someone else.The lender can foreclose if all the owners signed the mortgage and there is a default in the payments.A spouse cannot be "removed from a deed" without their consent. The only way for a person to give up their ownership of real property is by signing a new deed that transfers their interest to someone else.The lender can foreclose if all the owners signed the mortgage and there is a default in the payments.A spouse cannot be "removed from a deed" without their consent. The only way for a person to give up their ownership of real property is by signing a new deed that transfers their interest to someone else.
What is a security deed?
A security deed is used as part of a mortgage type transaction. It is a conditional conveyance of the property to the lender while the debt is outstanding. Legal title is transferred to the lender although the original owner has the right to the possession use and enjoyment of the property as long as the conditions of the loan are met. When the debt is paid the lender executes a reconveyance deed of the property back to the owner.
What is a "foreclosure"?
The legal process by which a lender terminates the owner's right to a property that was pledged as security for a debt.
What is the provision in a insurance policy that protects the lender of the mortgage from any acts of the borrower that could invalidate coverage or leave the lender without security?
The mortgagee clause will give the lender notice of cancellation but it will not protect the lender for actions or damages done by the insured on the policy. All property policies specifically exclude intentional acts by an insured.
Can a security or bond pledged be sold by the lender without recourse to the borrower?
Yes.
Can real estate loans be unsecured?
No. Usually, the property is used as security for the loan and what's called a Charge is registered against by the lender. This means that the property cannot be sold without the loan being paid off. What is possible, however, is that a private loan is given to a borrower without a mortgage being arranged. Repayment is then at the lender's risk entirely. In cases of this sort, the lender is likely to be a family member or someone who has complete trust that he/she will get repaid.
If you own 50 percent of a property can your co-owner refinance without your consent?
NO! That is why they have escrow, title insurance, etc. The lender will not give a dime if all owners are not on the refinance application. A thorough title search will reval your name on the property. Email me through info@usconsumerpros.com
