Any legal tricks to get out of a mortgage? - Posted by Jay (NY)

Posted by edcopp on August 09, 2003 at 10:34:43:

First and most obvious is to just pay it off.

Often mortgagees include a prepayment penalty to protect thier income stream. Regularily I run into this in the case where the mortgagee is a retired individual who is using the income stream from the mortgage to as additional retirement to live on. The 7.5% yeild is very attractive to them in todays marketplace.

Try this: offer to move the mortgage to other property that you own (if you can). This would free up the commercial property without disturbing the income stream of the mortgagee.

You might also want to consider offering the mortgagee a part ownership in the project in exchange for his cooperation while at the same time protecting his income stream.

Offer some other concessions for a renegotiated mortgage note. Or if all else fails stop making the payments for a while. Then I am sure some sort of negotation will start.

Any legal tricks to get out of a mortgage? - Posted by Jay (NY)

Posted by Jay (NY) on August 08, 2003 at 17:39:18:

Hi,

IM trying to buy a commercial property but the owner said that he is locked in with a 7.5 % mortgage that can not be paid off before dec. '04. and then he can pay it off but will have to pay a prepayment penalty. Do you guys know any tricks of getting out of this mortgage now?

Thanks in advance :slight_smile:

Re: Any legal tricks to get out of a mortgage? - Posted by Frank Chin

Posted by Frank Chin on August 09, 2003 at 14:55:42:

Hi Jay:

Try to do a L/O, leasing in the meantime, and purchase after Dec 04.

Frank Chin