Re: Title Seasoning Issue for Rehaber’s. - Posted by Mark-NC
Posted by Mark-NC on December 06, 2000 at 13:40:12:
Bo,
Like I said I don’t know the specifics but as long as there was really work done on the property and it wasn’t paid wouldn’t it be considered a real lien?
the bank might not find out in a few months .if they do , they might threaten with calling the loan due .
tell them to study the st germain act about land trusts and take a hike .
worst case scenario : they call the loan due . if you haven’t found a buyer by then , you probably have a bad deal to start with .
Re: Title Seasoning Issue for Rehaber’s. - Posted by JPiper
Posted by JPiper on December 07, 2000 at 09:07:25:
First, let me correct one of your statements. You don?t negotiate a deed in lieu of foreclosure with the foreclosing lender. The lender has no right to deed the property?.they aren?t the owner.
You could record a lien (which is now a second), and then negotiate a deed in lieu of foreclosure with the OWNER. But when you receive the deed in comes subject to the first mortgage. A deed in lieu of foreclosure does not wipe out a superior mortgage.
You become responsible for the 1st… - Posted by SCook85
Posted by SCook85 on December 07, 2000 at 08:12:41:
You become responsible for the 1st if you take a deed in lieu of foreclosure from the second lien position. It doesn’t just go away. Who would pay you?