Questions tagged [mortgage]
Loans secured by liens on real property.
41
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Who is at fault for this late payment?
John has a mortgage with Friendly Bank. When John signed the mortgage papers, among other things, he filled out and signed a document setting up automatic payments, with the clear expectation that ...
0
votes
1
answer
131
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Is mortgage protection spam (snail mail) legal? [duplicate]
When you take out a mortgage in the US, the loan information (name of borrower, lender, size of loan, address, loan ID) is public. There are companies that crawl these databases, and use the ...
6
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1
answer
473
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Can the lender of a collateralised loan take more than the collateral upon default?
Recently, Park Hotels & Resorts has pulled out of the San Francisco market, but - assuming I've understood correctly - instead of selling their properties there for pennies and taking the loss on ...
5
votes
1
answer
591
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What happens to an AST tenant when their landlord defaults on his mortgage?
Larry buys a property on a mortgage and then lets it to Tim on a AST. Larry then defaults on his mortgage and the bank proceeds to repossess the property that is housing Tim. What is the process and ...
-3
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1
answer
225
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Assuming a mortgage in a divorce [closed]
My soon to be ex-husband and I bought a house together in 2017 - we are on a conventional 30-year ARM mortgage with a current rate of 3.37% until November 2027. We are now getting divorced, and I am ...
-2
votes
1
answer
209
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Issues with taking unofficial money from girlfriend when paying mortgage
Country: The Netherlands
Let's assume I have a girlfriend and want to buy an apartment. I take a mortgage completely on my own name and start living in the apartment with my girlfriend. Now I have ...
3
votes
1
answer
185
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Selling a house providing the financing yourself for the buyer
Is it possible if I own outright my flat to sell it to the buyer where I provide the financing for the buyer to buy it off me? The flat is difficult to otherwise get a mortgage on.
I presume this will ...
2
votes
1
answer
479
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Mortgage broker took out life insurance without approval by client (UK law)
This is an odd one and I hope someone could explain the law for me (ideally with a link to the actual law). This case happened in the UK (England to be specific, should that make a difference).
About ...
1
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1
answer
135
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Obligation of mortgage holder to maintain and provide transaction history
Is a mortgage lender obligated to maintain, and provide access to, payment and transaction history after a loan?
For example, if a mortgage is refinanced with a different lender, is the previous ...
1
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0
answers
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UK Mortgage security law
Do any laws of England stop banks from blocking second mortgages by securing excessive values on a mortgage ?
I have a New Zealand mortgage where my bank blocks second mortgages by securing $520,000 ...
4
votes
0
answers
177
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Can I force my parents to give me documents needed to buy a house?
I'm in a bit of a pickle here.
I'm in the process of buying my first house and I need a document, called the ISEE ("Equivalent Economic Situation Indicator"), in order to get a lower ...
-1
votes
1
answer
141
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If my mothers house is refinanced under my name can I evict her husband?
My mother has fallen under hardship and can no longer afford her mortgage payment. The realtor has a solution of refinancing under my name to have the mortgage come down to a more affordable price. ...
1
vote
1
answer
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Can a couple place mortgages in separate names while sharing funds?
A couple is going to get married next year. They are currently engaged and share funds between each other. The soon-to-be-husband has a mortgage in his name. Can they qualify for special programs for ...
5
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1
answer
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In a divorce, in the case of a refinance, who pays for the refinance?
If my wife and I were getting a divorce and one of us wanted to keep the house and was buying the other out of their portion of the equity, being split 50/50, would the cost of the refinance of the ...
0
votes
1
answer
67
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Am I a "first-time buyer"?
There's probably a very short and simple answer to this, but I have to ask anyway. I VERY briefly owned a house over 12 years ago (I think for less than 12 months). Is there any way I could still be ...
0
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1
answer
45
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What rights and remedies does the buyer have under the following circumstances of a failed contract?
A buyer offered X for a building, which was accepted by the seller. The building had a mortgage, Y, which was greater than X. The terms of the purchase contract called for the building to be delivered ...
0
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2
answers
154
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Are there advantages to forgiving a mortgage
I hold a mortgage on a house owned by a relative and his wife. They made the monthly payments for a few years, but haven't paid anything for more than twenty years.
Now that relative has died, and his ...
2
votes
1
answer
840
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What happens to the mortgage on property which has been 'Adversely possessed'
So if property has not been utilised by the original owner, and another person starts to occupy and utilize it for a reasonable period of time (i.e., 20 years), the new occupier can lodge for the ...
2
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2
answers
93
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Could government legally temporatiliy halt rent/mortgage/interest payments for the benefit of the greater economy?
I’m not well versed in economics or law by any stretch of the imagination. But I am confused with certain measures taken thus far by the government.
There is currently a temporary shutdown of vast ...
1
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2
answers
1k
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Are there any Social Security loopholes I can use to justify my inability to pay rent to my parents?
I received $750 in SSI until May 2018, plus $130 in SNAP, and every year, they ask if I'm paying room rental. Then my mother usually signed an 801 form. However, this was the first time I heard about ...
2
votes
1
answer
143
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Does buying property on mortgage gives any sort of protection against future Compulsory purchase & massive devaluation
Background (inserted editorially)
One of the risks of buying a flat / house is that the neighborhood will be declared blighted by the government which would then force property owners to sell their ...
4
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2
answers
1k
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Are there successful ways of getting out of a reverse mortgage?
My father in-law took out a reverse mortgage several years ago. He later passed away. It wasn't until after his death that we learned about the reverse mortgage. He died approx. 4 years ago this ...
0
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0
answers
37
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Letting out a property without permission of everyone on the title deed
Following on from a comment I made on this question, I have a three part question.
If there were two, or more people on the title deed of a property, and one of those people let the property out ...
2
votes
1
answer
72
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Letting out a Joint Mortgage House
This question relates to UK law.
If I have a joint mortgage with another person, is it possible to let out that property without that person's explicit consent? The specific case that I'm thinking ...
0
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1
answer
65
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Fee waiver form with ambiguous 'or' in list of terms [closed]
I recently got a residential mortgage with the help of a mortgage broker and one of the contracts I signed was a fee waiver form. This form specifies that if I take out some kind of protection with ...
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1
answer
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I bought a house with my mother she is not paying her half of the mortgage [closed]
I bought a house with my mother and both of our names are on the mortgage and she is not now paying her portion and we are almost a month behind. What can I do?
0
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1
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216
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Lawyer wants to withdraw - Chapter 13
My husband and I filed a chapter 13 about a year ago and recently paid it off 100%. I started reviewing our files after looking at online mortgage monthly statements because I couldn’t completely ...
2
votes
2
answers
69
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How to document mortgage payment arrangement with my partner?
My partner and I recently purchased a house. We split all expenses related to that purchase (down payment, homeowner's insurance, inspection costs, etc) exactly 50/50. Both of our names are on the ...
3
votes
0
answers
879
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Mom passes away 2015, Sister living in her house rent free
My mom passed 2015.
My nieces and nephew [from 2nd sister] lived there and then they moved out in 2016
My older sister started living in my mom's house 2016. She sold her house in 7 days and moved ...
0
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1
answer
49
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Why was the Equity of Redemption = property worth — still owing mortgage debt? And not only the latter?
Source: Introduction to Law in Canada (2014). pp. 288 Bottom - 289 Top.
In simplified terms, a mortgage is a kind of charge against land that secures a debt owed
by the landowner. The modern ...
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0
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3 way mortgage, need judges decision to sorting out ownership
I bought house with partner (A) & friend (B). Partner (A) moved out after 1 year, (have document signing over their share to me) friend (B) lost job & moved out after 2 years. After 25 years ...
2
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1
answer
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UK: If brother acts as guarantor on mortgage, is he no longer classed as first time buyer?
If my brother acts as guarantor for my mortgage, but does not put his name on the house deeds, would he no longer be classed as a first-time-buyer? This is important because it makes a difference to ...
0
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2
answers
136
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How to proceed when there is no will/last testament?
The Situation:
My best friend's mother (Grace) passed away on Monday. Grace told her sister Hope and her son that she had a will. We cannot locate it (at home, not filed with lawyer or the city).
We ...
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1
answer
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Collateral and Property Rights
I'm not a legal professional or student, curiosity brought me here.
I'm trying to figure out how ownership applies items that are financed, and to items that are used as collateral to obtain that ...
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vote
1
answer
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Can I Rent My USDA Mortgaged Home Out?
Background:
I purchased my home in Maryland on October 2015 with a USDA mortgage loan. I would now like to rent my home out and move because I'm getting a new job somewhere else in Maryland. I read ...
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0
answers
75
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Selling someone a life estate in a house
I bought a property that has elderly tenants on it. They want to stay, but they can not afford to pay fair market value. For a bevy of reasons beyond the scope of this post, I don't want to be a ...
1
vote
3
answers
170
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Can I purchase my parents home over time as a way to free up some cash for them
As my parents get older, their savings are dwindling, and SS is not enough money to keep bills at bay. They have the equity of their home, though. Rather than taking out a reverse mortgage, I'm ...
13
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2
answers
5k
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Am I obligated to pay a mortgage if a region is annexed?
This is a hypothetical question.
Suppose I buy a house and have a mortgage. Later, the region my house is in is annexed by another country. Let's assume also that the mortgage I took out is based in ...
1
vote
2
answers
63
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Is a mortgage lender liable for missed tax credits?
I bought a house in Iowa in July 2016 and got a mortgage loan through a local lender. As part of the loan application, the lender applied for a tax credit program known as the 'Take Credit Mortgage ...
4
votes
2
answers
1k
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My co-borrower wants her name removed from a 5 year mortgage contract
Me and my sister in law bought a house. We asked her help to acquire the loan. She signed the mortgage loan for a 5 year contract, and we got the house. Me and my wife paid all the expenses and down ...
2
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1
answer
104
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Would anything prevent a mortgage fixed to a property, portable between people in the UK?
Normally UK mortgages are fixed to a person, but portable/transferable between properties.
Disregarding the 80+% of flats which are leasehold with no share of the freehold, is there anything in law ...