Mortgages, Foreclosures, and Liens Category: Housing
Overview
A mortgage is a secured loans. With a secured loan, the borrower promises collateral, in the case of a mortgage (the house) to the lender in the event that they stop making payments. In the case of a mortgage, the collateral is the home. If you stop making payments on your mortgage, your lender can take possession of your home, in a process known as foreclosure.
Forms
Abandonment of Homestead
Deed of Full Reconveyance
Homestead Declaration – Spouses as Declared Owners
Promissory Note (see also Deed of Trust)
Substitution of Trustee (Deed of Trust)
Substitution of Trustee with Full Reconveyance
Deed of Trust (see also Prom Note)
Reverse Mortgages
In today’s economic climate, many senior homeowners are investigating a reverse mortgage as a way to produce additional income throughout their declining years. A reverse mortgage is a special type of mortgage in which the homeowner takes equity out of their homes in order to generate money to live on. Typically the...
Read MoreNeighborWorks HomeOwnership Center
Housing
Housing and Economic Rights Advocates (HERA)
Estates Wills and Trusts
Homestead Declaration: Protecting the Equity in Your Home
Related GuideExemption from the Enforcement of Judgement Background Under California law, homeowners are entitled to protection of a certain amount of equity in their home. The amount protected varies depending on the age, marital status, and income of the property owner. The homestead exemption does not prohibit the sale of...
Read MoreMotion for Disbursement of Surplus Funds After Foreclosure
Background If your home was sold by the trustee in a foreclosure auction for more money than you owed on the balance of the loan, you are entitled to the difference. California Civil Code (CC) § 2945-2945.11. This request is made by a formal noticed motion. Motions are used to...
Read MorePetition to Remove Mechanics’ Lien
Background Owners of real estate sometimes find that a contractor has recorded a mechanics lien on their property, and failed to remove it. Contractors and subcontractors can record mechanics’ liens against a piece of real property for work they do on that property. Although the lien automatically becomes invalid if...
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