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If 2 people were on the deed much prior to the mortgage and note can the bank foreclose on property in which only 1 person is on the mortgage and note?
Wiki User
∙ 10y ago
In short, Yes.
You will want to talk to a local attorney.
The bank is entitled to recover the money borrowed. If the mortgagee can't or won't pay it back, well, that's what the "secured" part of a secured loan means; the bank can foreclose on the mortgage and sell the house to recover their investment. If they committed fraud in representing themself as the sole owner, then there are bigger problems than foreclosure (i.e. potential jail time) to be worried about.
Wiki User
∙ 10y ago
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Can a mortgage company foreclose when the mortgagor sold property and new owner cannot pay?
Yes. Property remains subject to a mortgage until the mortgage is paid off. If a person purchases property that is subject to a mortgage that the seller granted to a bank, the new owner must pay the mortgage or the bank can foreclose.
What can happen to a person who receives a property through right of survivorship and can't afford to pay the mortgage?
If the person is unable to pay, the bank can foreclose.
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.
How can you get an IRS tax lien off a property that you hold a mortgage on if your mortgage pre dates a tax lien for the person who financed?
The tax lien must be paid to remove it from the property. If you foreclose on the mortgage the tax lien would be a junior lien, however, the IRS has a right of redemption. If you plan to foreclose you should consult with an attorney who specializes in foreclosures.The tax lien must be paid to remove it from the property. If you foreclose on the mortgage the tax lien would be a junior lien, however, the IRS has a right of redemption. If you plan to foreclose you should consult with an attorney who specializes in foreclosures.The tax lien must be paid to remove it from the property. If you foreclose on the mortgage the tax lien would be a junior lien, however, the IRS has a right of redemption. If you plan to foreclose you should consult with an attorney who specializes in foreclosures.The tax lien must be paid to remove it from the property. If you foreclose on the mortgage the tax lien would be a junior lien, however, the IRS has a right of redemption. If you plan to foreclose you should consult with an attorney who specializes in foreclosures.
What if two people own the land and the foreclosure is in only one name?
It depends on how the real property is legally titled and recorded in your jurisdiction. If the foreclosure notice is in one name only, it is probably in the name of the debtor whose name appears on the loan/mortgage. IF two people actually do own the property, then the notice MAY be legally insufficient for the lender to actually foreclose on the property in question.Another PerspectiveIt depends on who owned the land at the time of the mortgage and who signed the mortgage.If two people owned the land at the time of the mortgage and only one signed the mortgage then the lender only has a one-half interest. It cannot foreclose on the interest of the owner who didn't sign.If one person owned the land and signed a mortgage and then transferred a half interest to another person, that other person received their interest subject to the mortgageand the bank can foreclose and take possession of the property if the mortgage isn't paid. In addition, once an owner of property has granted a mortgage the "due on transfer clause" in the mortgage prohibits any transfer of title without notifying the bank. If the bank finds there has been a transfer of any interest by deed, it can demand payment in full of the mortgage balance immediately.
How can a bank foreclose on a deceased person?
A bank can not foreclose on a deceased person. A bank forecloses on a piece of property when the mortgage has not been paid. There is a difference. If the deceased person had the money in the bank to pay the mortgage and the will is in probate, someone should tell the probate judge about the situation. In this state the probate judge has the authority to pay the mortgage. He also has the authority to make the car payment. The probate judge will not do anything unless someone tells him!
How does foreclosure affect a person who is listed on the deed but not the mortgage?
If two people are co-owners of real property and then only one signs a note and mortgage, the lender can only foreclose on that one's interest in the property. A foreclosure would only be reported on that person't credit record.If your name was added to the property after the mortgage was granted by the owner you are not responsible for it as long as you didn't sign the mortgage or the note. The foreclosure would only be reported on the mortgagor's credit record.
If your name is only on the deed do you need to pay the mortgage?
If the person who has an ownership interest in real property does not sign on or guarantee the note, then that person is not liable to pay the note. However, the lender could still foreclose on the property & the person could then lose his/her ownership of that property.
What happens when the person who acquired the property by quitclaim deed doesn't make their payments?
It sounds as though you sold land and took back a mortgage. If so, you can foreclose on the mortgage and take possession of the property if you reserved that right in the mortgage. You should consult with an attorney in your area since state laws on this issue vary.
Can a home be foreclosed on when the mortgage is in a different name from What is on the deed?
Yes, if the person whose name is on the mortgage owned the property at the time they signed the mortgage. If they subsequently transferred the property, it was transferred subject to the mortgage.If the person who signed the mortgage did not own the property at the time, the mortgage is not enforceable.Yes, if the person whose name is on the mortgage owned the property at the time they signed the mortgage. If they subsequently transferred the property, it was transferred subject to the mortgage.If the person who signed the mortgage did not own the property at the time, the mortgage is not enforceable.Yes, if the person whose name is on the mortgage owned the property at the time they signed the mortgage. If they subsequently transferred the property, it was transferred subject to the mortgage.If the person who signed the mortgage did not own the property at the time, the mortgage is not enforceable.Yes, if the person whose name is on the mortgage owned the property at the time they signed the mortgage. If they subsequently transferred the property, it was transferred subject to the mortgage.If the person who signed the mortgage did not own the property at the time, the mortgage is not enforceable.
What happens in the state of Florida when there is one person on the loan and two people on the Deed?
The answer depends on when your name went on the deed. If your name was on the deed as joint owner before the mortgage was granted then the bank can only foreclose on the co-owner's half interest if you didn't sign the mortgage. In order for the lender to perfect their interest in the mortgaged real estate, all the owners must sign the note and mortgage. Generally, if you own an interest in real property and don't sign the mortgage, the bank cannot foreclose on your interest in the case of a default since YOU did not transfer your interest to the bank.If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage. That means if the sole owner of the property grants a mortgage and then transfers an interest in the property to another person, the bank can demand the full payment of the mortgage- immediately.
Does a quitclaim deed relieve a person of the debt on the mortgage?
Of course not. If the person signed a mortgage they will be responsible for paying the mortgage until it is paid in full. The mortgage is a contract with the lender.You should not transfer property that is encumbered by a mortgage. Mortgages contain a due on transfer clause. That means if there is a transfer of ownership the lender can demand payment in full immediately. If the mortgage isn't paid the lender will foreclose and additions expenses and costs will be added to the amount due.Of course not. If the person signed a mortgage they will be responsible for paying the mortgage until it is paid in full. The mortgage is a contract with the lender.You should not transfer property that is encumbered by a mortgage. Mortgages contain a due on transfer clause. That means if there is a transfer of ownership the lender can demand payment in full immediately. If the mortgage isn't paid the lender will foreclose and additions expenses and costs will be added to the amount due.Of course not. If the person signed a mortgage they will be responsible for paying the mortgage until it is paid in full. The mortgage is a contract with the lender.You should not transfer property that is encumbered by a mortgage. Mortgages contain a due on transfer clause. That means if there is a transfer of ownership the lender can demand payment in full immediately. If the mortgage isn't paid the lender will foreclose and additions expenses and costs will be added to the amount due.Of course not. If the person signed a mortgage they will be responsible for paying the mortgage until it is paid in full. The mortgage is a contract with the lender.You should not transfer property that is encumbered by a mortgage. Mortgages contain a due on transfer clause. That means if there is a transfer of ownership the lender can demand payment in full immediately. If the mortgage isn't paid the lender will foreclose and additions expenses and costs will be added to the amount due.
