Mortgages Flashcards
Purchase Money Mortgage:
- the money borrowed is used to purchase the property
- Always gets priority (ie: always gets paid back first)
Redemption
- Paying off debt to prevent foreclosure
2 kinds of redemption
Equitable
and
statutory
Equitable Right of Redemption:
Equitable right of redemption is a defaulting mortgagor’s right to prevent foreclosure proceedings
Equitable Right of Redemption time period
- is the Time period from NOTICE of the foreclosure until the foreclosure SALE
Equitable Right of Redemption Waiver
EROR can NEVER be waived, if you come with the money at the last second before the sale, the bank has to take it
Statutory Redemption
this is the period of time after the foreclosure sale until whenever (depends on the stt)
Sttry redemption time period
the period of time to redeem beings AFTER the foreclosure sale
automatic trigger differences between EROR and Sttry Redemption
EROR is an automatic right
sttry redemption is NOT an automatic right
Two types of jurisdictions you can live in with a mortgage
Lien theory
and
title theory
Lien theory
means the person who gave you the money only has a lien on your title, lien will be removed once you pay off the mortgage
owners of the lien do not have;
- ownership of the title
- legal rights in the home
Title theory
bank literally owns your property, you only have equitable interest to live there. once you pay off the mortgage, you gain title
what happens to joint tenants when they take out a mortgage on a property in a title theory state?
The bank gains title, which counts as a conveyance of interest, severing the joint tenancy and reducing it to a tenancy in common instead
Assuming a mortgage and taking subject to the mortgage
these are two different ways three party mortgage deals work
Assuming the mortgage
- mortgage is assumable
- New buyer of the home takes over old owner’s mortgage payments
- new owner is now liable to the bank if he misses a payment
for Assuming mortgages, can the bank go after the original owner for the second owner’s failure to make mortgage payments?
yes, the original owner can be held secondarily liable UNLESS old owner and the bank executed a NOVATION with one another
Subject to the Mortgage
New buyer buys from original owner, original owner is still liable for payment of the mortgage, HOWEVER, the bank can foreclose on the new owner if payments are not made, even if the new owner did nothing wrong
Deed in lieu of foreclosure proceedings
instead of going through the foreclosure proceedings, owner can give the deed to the bank right away and relinquish all ownership immediately
What happens if multiple mortgages are taken out on a property when foreclosure occurs?
any mortgages that were taken out after the mortgage that is being defaulted on are eliminated, and any mortgages that were taken out before the mortgage that is being defaulted on remain
mortgages taken AFTER = wiped out
mortgages taken BEFORE = stay
1, 2, default on 3, 4 = 1&2 stay, 4 is wiped out
What is a deficiency judgement?
Bank can Collect the remaining money not recovered by foreclosure sale from original owner (the one who defaulted)