• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Post-closing question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



Samm1970

Member
because they may possibly have some possessory or equitable interest in the real estate.
So by possessory, you are saying if they live in the home? An example of equitable interest might be an heir who is named in a will or something like that? I'm just trying to think of who might have an equitable interest in a home they don't have title too.
 

seniorjudge

Senior Member
Samm1970 said:
So by possessory, you are saying if they live in the home? An example of equitable interest might be an heir who is named in a will or something like that? I'm just trying to think of who might have an equitable interest in a home they don't have title too.
Good examples.
 

HomeGuru

Senior Member
Samm1970 said:
So by possessory, you are saying if they live in the home? An example of equitable interest might be an heir who is named in a will or something like that?

**A: no because an heir named in a will has no equitable interest in real property. An heir is said to have a beneficiary interest in said property.

***********
I'm just trying to think of who might have an equitable interest in a home they don't have title too.
**A: well how about a Buyer on a land or installment contract?
 

seniorjudge

Senior Member
HomeGuru said:
**A: well how about a Buyer on a land or installment contract?
Good one.

Me, being a belt and suspender kind of guy, would include heirs (just so I could get nasty phone calls).

Different lawyers do foreclosures differently (obviously). The big shot attorneys whose foreclosures I've seen include just about anybody they can think of.
 

Ciarraine

Member
Samm1970 said:
This really is news to me. I've been in the mortgage business 13 years, have attended hundreds of closings and I don't think this is the general understanding of most people in the industry - including title attornys & title closers.

I'm not questioning what you're saying. I believe what you say is true. I'm just a little surprised it's taken 13 years to learn this.

I guess it's true... you learn something new everyday. Thanks for hanging in there with me and thanks for the educateeeoooon!.
Ditto.

Thanks for the education HG & SJ
 

Samm1970

Member
HG and SJ would probably include the post man, the garbage man, the mistress, the insurance agent and the dog. My poor little pooch, Gilbert, would have a nervous breakdown if he got served foreclosure papers. Or he'd just pee on them.
 

seniorjudge

Senior Member
Samm1970 said:
HG and SJ would probably include the post man, the garbage man, the mistress, the insurance agent and the dog. My poor little pooch, Gilbert, would have a nervous breakdown if he got served foreclosure papers. Or he'd just pee on them.
Also the kid who delivers the newspaper.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top