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Recent Deed of Trust questions

For socrateaser to answer. other attorneys do not reply. Can

for socrateaser to answer. other attorneys do not reply. Can you also comment on exception 1, 4 and 5 on page 4. Does it mean that we are not protected against easement issues. Does it also men that we are not protected against not-collected property taxes, easements, and against issues with deed for $340,000 issued on 8/12/2012?

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About 7 months ago my mother finished paying off her

Hi, about 7 months ago my mother finished paying off her mortgage loan and recieved a simple letter stating that her loan was paid off. However, the loan company have not sent any deed of trust or the promisory note back. We also checked at the recorder office of our county and the loan company has not recorded anything under the propetry, like transfering the name of ownership to my mother. We have contacted the loan company many times with the promise of getting the issue fixed with no results. What should we do?

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Ely

Counselor at Law

Juris Doctor

64,468 satisfied customers
Divorced 7 years ago. Gave the house to my Ex and the kids.

Divorced 7 years ago. Gave the house to my Ex and the kids. She now wants to sell it and I have to file a Quit Claims Deed since I am still on the Mortgage Paperwork. I was handed a PTAX -203 Form to go along with my filing. Im not selling it to her or she is not buying it from me. Does this form have to be filled out?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,144 satisfied customers
Is a assignment agreement from a mortgage lender the same as

Is a assignment agreement from a mortgage lender the same as a consolidation extension and modification loan agreement? ?

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Ray

Lawyer

Doctoral Degree

35,840 satisfied customers
I made a large loan to a former friend with a notarized

I made a large loan to a former friend with a notarized promissory note, stating the it would be secured by a second deed of trust on the borrower's home that was never filed by him.Is this enforceable now and can it be filed now? The loan was on Nov. 18th 2016

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Attyadvisor

Doctoral Degree

7,120 satisfied customers
My husband passed away. He was borrower on our home loan and

My husband passed away. He was borrower on our home loan and I was co borrower. The loan originated with Met Life and was refinanced under Sterling National Bank. I was still a co-borrower on that loan. Chase assumed the loan and do not have me listed on the account and can't investigate without my husbands written request. They can then investigate and see why my name isn't on it. My attorney advised me after my husband passed away in 2012 just to keep making the payments. The problem is, since I am not listed, the IRS came back and say I owe more money because,of interest income. I have not notified Chase of his death as I was afraid they would require me to refinance the loan and the interest rates were higher and I probably wouldn't qualify based on reduced income. Please advise!

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Ely

Counselor at Law

Juris Doctor

64,468 satisfied customers
I need some help with the Utah one action rule as it relates

I need some help with the Utah one action rule as it relates to a foreclosure on a third mortgage that is junior to two other mortgages and a judgement lien. The amount of the first three liens taken together exceed the value of the residence by $750,000 so there is no possibility of a trustee sale bringing a bid that would provide any recovery for either the judgement lien in third priority or the third mortgage in fourth priority. As I understand the Utah “one action” rule the lender on the third mortgage must conclude a foreclosure, leaving them with a deficiency before they can file an action against me to collect on the note through an eventual judgement, that would allow the lender to pursue other avenues of collection available to judgement creditors. Do I understand this process correctly? If so, I see how the third mortgage holder has to go through foreclosure in order to unlock other remedies. What I struggle with is the notion that the third mortgage holder (in fourth priority) is able to throw the first three priority positions into a situation where they have to protect their positions because of the third mortgage action. In other words, the second and third priority positions are likely to be “sold out” as a result of a trustee sale, thus forcing them to pursue other remedies through deficiencies that they may not wish to do at this time. Can you clarify any issues here?

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If the trustee on 2nd deed of trust foreclosed on the house

If the trustee on 2nd deed of trust foreclosed on the house in 2014. Now the trustee for the first deed of trustee is foreclosing. If a person was to buy thehouse @ foreclosure sale, does the 2nd trustee have recourse against the Buyer.

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Damien Bosco

Attorney

Doctoral Degree

3,084 satisfied customers
I bought a house because of deed defect (that the lender was

I bought a house because of deed defect (that the lender was aware of since they gave the loan) the house was not under my name at that time some taxes bills remain unpaid. After the defect was fixed Do I breach the contract by not paying the old taxes bills since house was not under my name at the time the bills was due. I do understand it is my obligation to pay as the owner but is it a breach of contract.

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LawTalk

Attorney at Law

Juris Doctor

33,026 satisfied customers
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