encumbrance | firsttuesday Journal

May a co-owner challenge an encumbrance on the other co-owner’s interest in a jointly owned property?

by David Swistock | Jan 4, 2024 | Laws and Regulations, Mortgages, Real Estate, Recent Case Decisions | 0

In re: Groves

Form-of-the-Week: Further Encumbrance Consent, and Note Enforcement Provisions — Forms 410 and 418-5

by Amy Platero | Dec 21, 2023 | Finance, Forms, Loan Products, Real Estate | 0

These forms are used by a prospective junior lender or carryback seller when the real estate is encumbered by an existing first mortgage containing a due-on clause, to obtain consent from the lender holding the mortgage to further encumber the property with a second mortgage, and by a loan broker or escrow officer when originating a mortgage with the lender or carryback seller, to include a guarantee, exculpatory or governing law provision in the promissory note.

Form-of-the-Week: Request for Notice of Mello-Roos Assessment and Notice of Your Supplemental Property Tax Bill — Forms 137 and 317

by Amy Platero | Apr 1, 2022 | Forms, Real Estate, Tax | 0

Agents use RPI Forms 137 and 317 to notify prospective buyers about the supplemental property taxes and bonded indebtedness they will receive upon transfer of ownership.