Delivery of Deeds -2

Question 1

The mortgagee’s role on foreclosure is that of a ________. The mortgagee has a duty to exert every reasonable effort to obtain a fair price. The Court further holds that the measure of damages where due diligence is lacking is the difference between the sale price and a “fair” price (not fair market value). The Court remands for a reassessment of damages.

Answer 1

fiduciary

Question 2

The Court seeks to ensure that, in the context of foreclosure, the mortgagee neither acts in _______ ________ nor fails in exercising due diligence with respect to protecting and preserving the mortgagor’s equity in the foreclosed property.

Answer 2

bad faith

Question 3

All jurisdictions adhere to the rule that mere inadequacy of the foreclosure ______ ______will not invalidate a sale, absent fraud, unfairness, or other irregularity.

Answer 3

sale price

Question 4

Just because you got less money than you wanted you can’t assume that it will invalidate the foreclosure sale because it won’t unless you’ve got fraud, unfairness, or other irregularities. True or False.

Answer 4

True

Question 5

What is the difference between purchasing land “subject to the mortgage” versus purchasing land and “assuming the mortgage?”

Answer 5

assuming the mortgage you are actually paying the bank (lender).

subject to the mortgage you are paying someone else.

Question 6

Which one are you actually directly paying the lender?

Answer 6

Assuming the mortgage - actually paying the bank

Question 7

Which one can you lose the property if you don’t pay through foreclosure?

Answer 7

Both. Assuming the mortgage and subject to the mortgage

Question 8

Scarier with ________ _____ ____ _________ because you are paying someone else and you hope that they are paying the bank and when you get foreclosed upon it is more frustrating because you paid but you didn’t pay the bank.

Answer 8

subject to the mortgage

Question 9

If I sell my house right now, somebody might want to assume my mortgage so they would have the benefit of the ________ _______.

Answer 9

interest rate

Question 10

If a life estate holder fails to keep _________ in ________, ______ ________ _______, or pay interest on the mortgage, the life tenant has committed permissive waste. The life tenant is too obligated to pay down the principal.

Answer 10

property

repair

pay property taxes

Question 11

____________ __________ __________, those used to purchase the land, automatically have priority over non-purchase money mortgages- examples of a non-purchase money mortgage.

Answer 11

purchase money mortgages

Question 12

In 3 years, my daughter will go to college, state school in Florida, I did not prepay room, board, or books. If she ends up in Miami, I will have to take out a mortgage to pay for her rent in Miami. That would not be a ________ ________ __________ that would be a __________ ________ _________ that I have taken out after the fact.

Answer 12

purchase money mortgage

non-purchase money mortgage

Question 13

Sometimes you do remodeling – addition on the house. I might have to build an addition if I invite family to come live with me so I might have to take out a ___________ _________ ________ to pay for the addition.

Answer 13

non-purchase money mortgage

Question 14

If I default on my mortgage the _______ money mortgage would have priority over the ______________ money mortgage.

Answer 14

purchase money mortgage

non-purchase money mortgage

Question 15

A _________ _________ __________ executed at the same time as the purchase of the real property encumbered takes precedence over any other claim or lien, including a previously filed judgment lien.

Answer 15

purchase money mortgage

Question 16

If there are multiple mortgages on a property, and none is a purchase money mortgage, priority is determined according to which came _________ _______ _________.

Answer 16

first in time

Question 17

Under the doctrine of _________ ___________, a person other than the mortgagor who pays off a mortgage can step into the shoes of the now paid-off mortgagee (bank).

Answer 17

equitable subrogation

Question 18

A ___________ is free to transfer a title to the mortgage property, but the mortgage remains personally liable on the mortgage, and all subsequent grantees take the property subject to the mortgage. __________ _________ do not become personally liable on the mortgage unless they explicitly assume it. The mortgagor will always be personally liable on the mortgage until it is paid off. All subsequent grantees who assume the mortgage will be personally liable on the mortgage. All subsequent grantees, whether they assume the mortgage or not, can lose the property through foreclosure if the mortgage is not paid.

Answer 18

mortgagor

subsequent grantees

Question 19

The order that mortgages will be paid off is:
1.
2.
3.
4.

Answer 19

1) Cost of sale are paid,
2) The mortgage that was foreclosed will be paid,
3) The junior mortgages will be paid out in order, and
4) Anything left goes to the mortgagor (borrower).

Question 20

The order that mortgages will be paid off is:
1. ?
2.
3.
4.

Answer 20

1. Cost of sale are paid,

Question 21

The order that mortgages will be paid off is:
1.
2. ?
3.
4.

Answer 21

2. The mortgage was foreclosed will be paid,

Question 22

The order that mortgages will be paid off is:
1.
2.
3. ?
4.

Answer 22

3. The junior mortgages will be paid out in order, and

Question 23

The order that mortgages will be paid off is:
1.
2.
3.
4. ?

Answer 23

4. Anything left goes to the mortgagor (borrower).

Question 24

The_______ ______ ______ clause gives the bank the right to demand immediate payment of the entire outstanding mortgage balance.

Answer 24

due on sale

Question 25

When mortgages are paid off: the cost of the _______ are _______ ______. then so on.

Answer 25

sale are paid first