Mortgages Flashcards
(11 cards)
Purchase Money Mortgage
Money used to buy the mortgage
Always gets priority \ aka has to be paid back first
Redemption
Foreclosure/trying to get the home back
Paying off debt to prevent foreclosure
Equitable Redemption
May never be waived
Time from notice to date of sale
All about allowing people to keep their property
Statutory Redemption
Period of time after foreclosure sale
Lien Theory
Bank only has a lien
Owner holds title
Owner can sell
Title Theory
Bank holds title
Owner only has equitable interest
Owner cannot sell
Assume the Mortgage
New buyer takes over payment
Original owner is secondarily liable unless novation
Subject to Mortgage
Original owner keeps paying for the mortgage
Bank can still foreclose if original person does pay
Deed in Lieu of Foreclosure
Sign deed to the bank and skip foreclosure proceeding
Deficiency Judgment
Collect remaining money to recovered by foreclosure sale
Installment Land K
Buyer gets title of the property
When the entire balance is paid off
Default can be foreclosed.