Indiana Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor
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How to fill out Partial Release Of Mortgage / Deed Of Trust On A Mineral / Royalty Interest Sold By Grantor?
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FAQ
To put simply, the deed is the legal document that proves who holds title to a property, while a mortgage is an agreement between a financial lender and borrower to repay the amount borrowed to purchase a home.
In other words, if your name is on the deed, you are tenants-by-the-entireties, and if one of you dies, the other owns the property entirely. If you are not on the mortgage for whatever reason, you are not liable for paying the mortgage loan. That said, you get your spouse's interest in the property if they die.
If your name is on the mortgage, but not the deed, this means that you are not an owner of the home. Rather, you are simply a co-signer on the mortgage. Because your name is on the mortgage, you are obligated to pay the payments on the loan just as the individual who owns the home.
A deed of trust is a legal agreement that's similar to a mortgage, which is used in real estate transactions. Whereas a mortgage only involves the lender and a borrower, a deed of trust adds a neutral third party that holds rights to the real estate until the loan is paid or the borrower defaults.
Foreclosure process: Mortgages typically go through a judicial foreclosure process, through your county court system. Deeds of trust use a non-judicial foreclosure process. Length of time to foreclose: Mortgage foreclosures usually take significantly longer than non-judicial foreclosures with a deed of trust.
Mortgage deeds are legal documents or instruments that pass over a property's legal rights to the loan provider, which they can exercise in case of a loan default. This document gives lenders the property rights to sell the foreclosed property and recoup their defaulted loan amount to protect their interest.
