Loan Mortgage Sold With Recourse
Description
How to fill out Notice Of Assignment - Sale Or Transfer Of Servicing Rights - Mortgage Loans?
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FAQ
A subject to mortgage will have the buyer take control of the property and make payments to the seller, who will then pay off the mortgage in their own name. A good subject to mortgage clause should be viewed by a real estate attorney before any decisions are made.
Question: When a property is sold "subject to mortgage," how does it affect the original borrower of that mortgage? The original borrower is released from liability. The existing loan is paid off with title transfer. The original buyer is still liable because no new note was signed.
A recourse debt holds the borrower personally liable. All other debt is considered nonrecourse. In general, recourse debt (loans) allows lenders to collect what is owed for the debt even after they've taken collateral (home, credit cards).
A recourse loan allows the lender to seize the collateral and any other assets the borrower has if they default. Assets that a lender may seize for a recourse loan include deposit accounts and income sources. Resource loan contracts generally outline which assets the lender may pursue.
If your mortgage loan has been sold you will receive proof from both your old and new lender. Your new lender will send you a loan ownership transfer notice within 15 days of the effective date of transfer. This notice will include personal information such as your name, address and contact information.