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PRIVATE ENCUMBRANCES Private encumbrances are voluntarily created by private parties who deal with the real property and consist of judgment liens, mechanic’s and materialmen’s liens, mortgages and trust deeds, easements, and restrictive covenants. Judgment Liens A lien is created when the property owner has been sued for a sum of money and a court has entered a judgment against the property owner. For example, a property owner is involved in an automobile accident. The property owner is sued for negligence and a $50,000 judgment is assessed against him by a court of law. Judgment liens do not become liens on real property until they have been recorded in a special book, called the Judgment Book or General Execution Docket, in the county where the real property is located. A judgment lien remains a lien on real property until it has been paid or expires by passage of time. Most states have laws that limit the duration of a judgment lien. These laws provide that a judgment lien, if not paid, will expire within 7 to 14 years after becoming a lien on real property. Judgments attach at the time of recordation to all property then owned by the judgment debtor or to any property thereafter acquired by the judgment debtor. Judgments are potential title problems and can be discovered during a title examination. Mechanic’s and Materialmen’s Liens A mechanic’s or materialmen’s lien is imposed by law on real property to secure payment for work performed or materials furnished for the construction, repair, or alteration of improvements on the real property. Each state has its own laws for the creation of these liens. Claimants under most mechanic’s or materialmen’s lien statutes include contractors, laborers, subcontractors, material suppliers, lessors of equipment and machinery, architects, professional engineers, and land surveyors. Most privately owned real property may be subjected to mechanic’s or materialmen’s liens. The lien attaches to all real property, including improvements, and all real property contiguous to the improved real property. Public real property is not subject to mechanic’s or materialmen’s liens. Special Mechanic’s and Materialmen’s Lien Situations Sometimes special situations exist that prompt the creation of mechanic’s and materialmen’s liens. Landlord and Tenant. Work performed for a tenant of real property only attaches to the tenant’s interest in the real property, and not the landlord’s, unless the landlord of the real property consents to the work and agrees to pay for the work. Contract Seller and Purchaser. Work performed for a purchaser of real property before a purchase and sale contract closes only attaches to the purchaser’s interest unless the seller has consented to the work. Husband and Wife. One spouse is ordinarily not an agent for the other spouse. Work performed at the request of one spouse is not a lien on the other spouse’s real property interest unless the other spouse has consented or agreed to pay.
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Saylor URL: http://www.saylor.org/books Saylor.org 947 Chapter 20 Mortgages and Nonconsensual Liens L E A R N I N G O B J E C T I V E S After reading this chapter, you should understand the following: 1. The basic concepts of mortgages 2. How the mortgage is created 3. Priorities with mortgages as security devices 4. Termination of the mortgage 5. Other methods of using real estate as security 6. Nonconsensual liens Chapter 20 from Advanced Business Law and the Legal Environment was adapted by The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license without attribution as requested by the work’s original creator or licensee. © 2014, The Saylor Foundation. http://www.saylor.org/site/textbooks/Advanced%20Business%20Law%20and%20the%20Legal%20Environment.pdf http://creativecommons.org/licenses/by-sa/3.0/ Saylor URL: http://www.saylor.org/books Saylor.org 948 20.1 Uses, History, and Creation of Mortgages L E A R N I N G O B J E C T I V E S 1. Understand the terminology used in mortgage transactions, and how mortgages are used as security devices. 2. Know a bit about the history of mortgages. 3. Understand how the mortgage is created. Having discussed in Chapter 19 "Secured Transactions and Suretyship"security interests in personal property and suretyship—two of the three common types of consensual security arrangements—we turn now to the third type of consensual security arrangement, the mortgage. We also discuss briefly various forms of nonconsensual liens (see Figure 20.1 "Security Arrangements"). Figure 20.1 Security Arrangements Saylor URL: http://www.saylor.org/books Saylor.org 949 Definitions A mortgage is a means of securing a debt with real estate. A long time ago, the mortgage was considered an actual transfer of title, to become void if the debt was paid off. The modern view, held in most states, is that the mortgage is but a lien, giving the holder, in the event of default, the right to sell the property and repay the debt from the proceeds. The person giving the mortgage is the mortgagor, or borrower. In the typical home purchase, that’s the buyer. The buyer needs to borrow to finance the purchase; in exchange for the money with which to pay the seller, the buyer “takes out a mortgage” with, say, a bank. The lender is the mortgagee, the person or institution holding the mortgage, with the right to foreclose on the property if the debt is not timely paid. Although the law of real estate mortgages is different from the set of rules in Article 9 of the Uniform Commercial Code (UCC) that we examined in Chapter 19 "Secured Transactions and Suretyship", the circumstances are the same, except that the security is real estate rather than personal property (secured transactions) or the promise of another (suretyship). The Uses of Mortgages Most frequently, we think of a mortgage as a device to fund a real estate purc.
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How to choose a land contract buyer?
1.
http://www.dreamprotector.net/ How to choose a Land Contract Buyer? The advent of the recent alterations in the legislation has deeply affected the way investors originally did their business particularly the land contracts. Today, it is advisable that the land contract buyers are especially careful in their dealings to avoid unwanted trouble. Dodd Frank Bill is the main piece of legislation that influences such transactions to a great extent. In its bid to favor
the real estate investors, this bill went ahead of itself to provide protection to the home buyers. On the other hand, real estate investors also do no support such a bill whole heartedly as it puts them in the spotlight and burdens them with the task of ensuring the capability of the buyers to afford the property to make the payments in the future. As worded in the bill, it is said that the mere act of defaulting and not making the scheduled payments is enough proof to suggest that the individual was not property vetted by both the seller as well as the holder of the land contract. Richard Evans, the owner and the founder of First Equity Note, LLC, has over 40 years of expert experience in the field of finance, insurance, real estate as well as securities licensed. Richard had an opportunity to make acquaintance with a very prominent real estate attorney with a past experience of purchasing and representing numerous investors who purchased on land contract.
2.
The attorney confessed how he will never buy property on land contract anymore and has out a halt to deals called assumption of mortgage deals. The reasons being that he was repeatedly sued multiple times while working on such deals. Although he had won all these cases, it was expensive affairs even after him being an attorney and representing his own cases himself. After such tedious experiences of bad taste, he has now decided to switch sides and instead search for buyers who have purchased land contracts. He offers them to start lawsuits on behalf of the people who are facing issues in making
the payments. The Dodd Frank Bill has offered an extremely powerful tool to the land contract buyer that successfully assist this attorney in pursuing dealings with real estate investors that has taken unfair advantage of him. Conditions have taken a “U” turn from the time when conditions were in favor of investors to the buyers having an upper hand now. However, it is only logical to provide equal opportunities to ensure both the buyer and the seller benefit from the deals and share equal responsibility. The new legislation in effect from 2014 is more favorable towards the buyers. It encourages the buyers in taking any land contracts and implores them to not take any unfair advantage of the seller and holder of the land contract. As per the new law the holder needs a land contract in order to return all the monies to the buyer and the same is valid in case when the person has lived in the property for several years. The buyer is required to show that the seller and the holder of the land contract failed to perform a good job in researching the ability of the buyer to pay. The law clearly states that the mere reason that buyer had defaulted directly implies that the seller was unsuccessful in selecting the right buyer for the property. About Company : First Equity Note or Dreamprotector is a Mortgage Note (Promissory Note) selling company. We are professional in this field. For more information about our business and our business updates follow us on Facebook, Twitter, Pinterest & Google Plus
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