The Mortgage Theories Of Real Estate

21st Mortgage offers financing to people who purchase manufactured homes in all states except Massachusetts, Rhode Island, New Jersey, Alaska and Hawaii. The Knoxville-based company offers loans through mortgage brokers, manufactured home sellers and directly to consumers through an online application process.

payments on a simple house. This goes back to trust between the lender and the borrower. The

Too many Americans have fallen victim to the crisis that has become the norm for our citizens these days. Lenders no longer want to work with individuals who have gone through the foreclosure process and for many it is not only their homes they lose. Some have lost their jobs and/or families, others fall into a deep depression and worst of all some have taken their own lives.

As seen in Chapter 15 of Real Estate Principles by Charles J. Jacobus, property tax is a large source of income for local governments. When property taxes are not paid, a lien is placed on the property. If property taxes are not paid, this gives the government the right to seize the property. This is currently happening to Bill Davies, a developer from Chicago, Illinois.

For many years, the idea that ones’ home being the largest investment was said as a complete sentence when in fact, it was only an incomplete sentence. Any duly licensed financial planner would finish that sentence by saying all investments are subject to market conditions, the value that investment could increase or decrease and other similar cautionary statements that their attorneys wrote to protect them. The American public only heard that their home was the largest investment and had never experienced, nor had their parents seen the value of their personal homes drop like they did in the past few years. They had never experienced the financial pain and although only a few years have passed, many have forgotten and are ready to jump right back into homeownership.

Investors often find lenders ' requirements for title seasoning an obstacle to selling their properties. Holding costs and declining market value can eat into profits. Leaving a house vacant can make it a target for vandalism. So... What is title seasoning? This refers to the length of time a person 's name has been on the title document recorded on a piece of real estate. Lenders ' underwriting guidelines vary as to how long a person 's name must be on title for a purchaser to buy an investor 's home or for the investor to refinance the property and cover his costs to rehab it. Why did lenders institute the title seasoning requirement? Can we say mortgage fraud? The scenario goes like this: Crook #1 buys a house for $100,000 in Week 1 and sells it to Crook #2 for $150,000 in Week #3. Crook #2 has his sister, brother-in-law, cousin Marvin appraise the property for $200,000 in Week #5 and in Week #6 sells it to Clueless Buyer who is so afraid of being priced out of a rapidly escalating housing market that she pays him a $25,000 premium over his asking price just to stay out of a bidding war. Problem is, Clueless Buyer is often a figment of some hot shot creative loan broker 's imagination trying to score a commission, points on the loan or the yield spread premium from the lender. After a few hundred of these scenarios, lenders wised up and wanted to believe they could stop property flipping (which is not illegal). Hey, it worked great - right up until about 2003. This is

The mortgage lender’s claim to the property has priority according to both chapters. However, it looks like chapter 13 discusses debt workout plans for the borrower. Which in turn may cause delays to foreclosure. In turn, increasing costs for the lender and possibly causing the property value to decrease due to neglect.

The State of California has a mixed approach in that it is a lien theory and title theory state. According to lien theory "execution of a mortgage or a deed of trust only creates a lien against the property, it does not transfer title. The borrower retains full title to the property throughout the term of the loan and the lender simply has the right to foreclose the lien if the borrower defaults. California is a lien theory state in regards to mortgages but is a title theory state in regards to deeds of trust. According to title theory, the property is transferred but only as collateral with no possessory rights and is referred to as "legal title, bare title, or naked title." (Haupt, 2009, p.206) In either case, should the borrower default, they will lose the property.

In Bank of America, N.A. v. Caulkett, the Supreme Court considered “whether a debtor in a Chapter 7 bankruptcy proceeding may void a junior mortgage under § 506(d) when the debt owed on a senior mortgage exceeds the present value of the property.” Bank of America, N.A. v. Caulkett, No. 13-1421, 575 U.S. ________ (2015). Under 11 U.S.C. § 506(d), debtors in Chapter 7 bankruptcy proceedings may void liens which are not allowed “secured claim[s].” Specifically, Section 506(d) provides that, “[t]o the extent that a lien secures a claim against the

Red River Thrift and Loan Co. may argue that they have priority because first and second mortgages overrule judgment liens, unless the judgment lien is unpaid tax debt. Judgment liens are usually considered as junior mortgages compared to the first and second mortgage. Red River’s foreclosure would wipe out the Interstate Bank of Bastrop’s judgment lien against Phil Dunfee, and would clear any judgments attached to the title of the property. In other words, when a mortgagor forecloses, any judgment lien that was recorded prior to the mortgage would be

A Mechanics Lien is a legal claim to real property until a debt has been paid. If you employ a trades person or contractor to work on your home and a dispute arises wherein you refuse to pay, the worker has a right to file a lien thus making the property responsible for payment. Mechanics' Liens must be recorded with the County recorder where the property is located. Liens must be enforced by a lawsuit to foreclose on the property within a specific time frame (varies from state to state -usually 90 up to 180 days) of the date of recording or they automatically become null, void and unenforceable. If this time has elapsed and the contractor has not filed a lawsuit within the time period allowed, then demand that he execute a release of lien in writing. If he refuses to cooperate then the homeowner can petition the courts for a decree to release the lien. This usually requires hiring an attorney, as the process can be somewhat complicated.

Foreclosure has become an outbreak affecting the entire United States of America. Realtytrac just reported in the month of April 2011 that one in every 593 housing units received a foreclosure filing. (N1) That statistic is for just one month! Some states such as Arizona, California, Florida, Michigan and Nevada continue to be plagued with an influx of homes falling victim to foreclosure or some other form of default. Each home that is a casualty to a foreclosure, short sale or even bankruptcy was collateral for the lender holding the promissory note. The consequences tend to come at a cost for the lender selling the property but a deal for the buying investor. The costs incurred and the losses experienced by the

Mortgage lending is a major sector with the United States financial market today. “The modern mortgage has only been around since the 1930s, but the idea of a mortgage has been around for a lot longer.” (History of Mortgages, 2016) The literal meaning of the word ‘mortgage’ has Latin roots: ‘mort’ or death and ‘gage’ or pledge. Translated it supports “the idea that the pledge died once the loan was repaid, and also the idea that the property was ‘dead’ (or forfeit) if the loan wasn’t repaid.” (History of Mortgages, 2016) A mortgage is an agreement for the terms of your home loan, technically not the home loan itself. Real estate transactions require written documentation and this is the purpose of a mortgage.

The current real estate crisis that America finds itself in is one of the greatest challenges America has ever faced. America’s troubles are further compounded by increasing unemployment of American citizens and environmental problems like global warming. Solving any one of these problems would be a Herculean task, yet they must each be addressed in order to protect American families from disaster. However, it is possible to find a solution to the problems of the real estate crisis that can also be used to improve the problems of the unemployment and environmental destruction. The first part of the solution involves the United States government purchasing the homes that have been foreclosed and using them to offer temporary housing to

Lord Diplock once observed that Britain has become a ‘property owning, particularly a real mortgage to a building society owning, democracy’. A mortgage in relation to Lindley MR in Santley v Wilde , “is a transaction under which land or chattels are given as security for the payment of a debt or the discharge of some other obligations”. Lord Justice Munby stated that it means a charge on property to secure the repayment by a debtor to his creditor of monies lent. It is also a loan for a property that ought to be paid inside of a predefined timeframe i.e., it involves a transfer of a legal interest for the borrowers land (mortgagor) to the lender (mortgagee) with the procurement that the lenders interest terminates then loan and interest are reimbursed. The mortgage transaction was described by Maitland as “one long suppressio veri and suggestion falsi”.