Ways to Improve Your Credit

Ways to Improve Your Credit

Ways to Improve Your Credit

Having a bad credit score will definitely not do you any good in your day to day dealings with the rest of the human race. Get more information on how your credit score affects your life financially, socially and even politically. The good news is that there are many ways in which you can improve your credit score for the better, without having to overly strain and stress yourself. Some of these ways include:

Paying your bills on time

When you start paying your utility bills and monthly debt repayments on time, you will be able to reduce the interest payments that you are supposed to pay if you default on your payments or if you fail to pay on time. This will work in your favor as your debt obligations will only reduce, instead of ballooning and increasing to unsustainable levels.

Control your spending

It is also important for you to limit your monthly expenses, especially those that will reflect on your credit cards. Overspending on liabilities (things that only take money out of your pocket instead of bringing more money) will only serve to further degrade your credit score. You will need to exercise some financial discipline in order to climb out of the deep hole that you have found yourself stuck in.

Prepare a budget

Having a monthly budget that sets out the amount of money you will spend on particular categories in the home will also go a long way in introducing order and planning into your financial life. By setting limits and caps on items such as entertainment and clothes, you will be able to free up more money that can go towards paying off the debts that you already have, fast-tracking your way to financial security.

Federal Deposit Insurance Corporation

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Security Interests in Rents

Security Interests in Rents

Security Interests in Rents

Mortgage lenders frequently view real property as providing two separate and distinct sources of security for the mortgage obligation. They rely not only on the real property itself, but also on the rents it produces. However, in lien theory states, it is important to realize that simply taking a garden –variety mortgage on the debtor’s fee simple absolute will not adequately protect the lender with respect rents and profits. As one federal judge aptly observed, such instances, the logic is that the borrower has retained all the incidents of possession, including the right to rents, profits and crops, and these he may do with as he pleases. It is only when the lender takes possession or does so constructively, as by having a receiver appointed, that he is entitled to the ordinary incidents of possession, like rents, profits and crops. First Federal Savings of Arkansas, F.A. v. City National Bank of Fort smith, Arkansas.real property as providing two separate and distinct sources of security for the mortgage obligation. They rely not only on the real property itself, but also on the rents it produces. However, in lien theory states, it is important to realize that simply taking a garden –variety mortgage on the debtor’s fee simple absolute will not adequately protect the lender with respect rents and profits. As one federal judge aptly observed, such instances, the logic is that the borrower has retained all the incidents of possession, including the right to rents, profits and crops, and these he may do with as he pleases. It is only when the lender takes possession or does so constructively, as by having a receiver appointed, that he is entitled to the ordinary incidents of possession, like rents, profits and crops. First Federal Savings of Arkansas, F.A. v. City National Bank of Fort smith, Arkansas.

Consequently, mortgages commonly require mortgage language or collateral agreements by which the mortgagor” assigns” or mortgages” the rents as additional security for the mortgage loan. In relatively rare situations, such agreements give the mortgagee immediate access to the rents. In these situations, the mortgagees may, from the inception of the loan, actually collect the rents from mortgagor’s tenants and apply them to the mortgage indebtedness. More commonly, however, the mortgagee’s   right of access to the rents is triggered by mortgagor default. See generally, Haroldson, Perfecting a Security Interest in Future Rents from Mortgaged Real Property, 40 Drake L. Rev. 287 (1991).

Today an assignment of rents agreement is enforceable in every jurisdiction, irrespective of whether it follows the lien or title theory or mortgage law. This unanimity ends, however, as soon as courts confront the question of when such assignments become effective and at what point the mortgage acquires the actual right to commence collection of the rents. As to those latter questions, mortgage law theory can sometimes play a significant role, as the following material illustrates.

What recording or filing requirement must be followed with respect to an assignment of rents? Perhaps out of an excess of caution, mortgagees frequently not only record in the real estate records, but attempt to perfect a Uniform Commercial Code security interest in rents as well. This “belt and suspenders” approach stems from a concern that rents may be characterized as “personality” and that recordation of an assignment in the real estate records will not provide the mortgagee with sufficient protection. In theory, this concern is misplaced. Under Article 9of the UCC, the Code is inapplicable “ to the creation or transfer of an interest in or lien on real estate, including a lease or rents thereunder.”

Escrow Accounts for Taxes and Insurance

Escrow Accounts for Taxes and Insurance

Escrow Accounts for Taxes and Insurance

The material above suggests that mortgagees have a strong and legitimate concern that their mortgagors maintain and pay the premiums for casualty insurance on the mortgaged premises. Mortgagees are perhaps even more insistent that mortgagors promptly pay the real estate taxes and special assessments accruing against the property. The reason for this concern, as Professor Durfee once aptly pointed out, is that “in most tax systems the burden of the ordinary tax on land and the burden of special assessments for local improvements rest on both mortgagor and mortgagee in the sense that unless these charges are satisfied by someone before the axe falls, the interests of both parties will be rubbed out. The state goes after the land and its claim overrides all prior interest whatever their character.” Durfee, Cases on Security, p. 136 (1951) (emphasis added). In other words, a “first” mortgage on real estate will be wiped out by a sale under a subsequently a rising real estate tax lien for more information click here.

Thus, mortgages generally utilize mortgage clauses specifically imposing the duty to pay taxes and insurance premium on the mortgagor and making failure to so pay a cause for acceleration of the mortgage debt. As additional protection, many mortgagees demand that mortgagors set up accounts with the mortgagee into which the mortgagor will pay 1/12 of the annual taxes and insurance premiums each month (along with the regular monthly payment of principal and interest), and out of which the mortgagee will actually make the tax and insurance payments as they fall due. These accounts are usually termed “escrow,” “impound,” or reserve” accounts. The usual obligations paid out of escrow accounts are ad valorem property taxes, special assessments, and casualty insurance premium. Sometimes other items are included, such as condominium or PUD homeowner association assessments and ground rents if the security property is ground leased land. Use of escrow accounts ensures that the mortgagor will “save enough money to pay the escrowed items, and provides the lender with and “early warning system;” as soon as the mortgagor misses even one monthly payment, the lender is immediately aware of the default and can take measures to protect itself.

Escrow accounts are also an important source of revenue for lenders. If the mortgagee is not required to pay interest on the account to the mortgagor, it can invest the funds on hand and earn interest on them for its own benefit until they need to be paid out read more here.

Discharge of The Debt and Mortgage

Loans and Finance

Discharge of The Debt and Mortgage

Everyone recognizes instinctively that when a borrower pays off the mortgage debt in full, the mortgage itself is extinguished. The popular mythology of the borrower “burning the mortgage” reflects this basic concept. The concept is indeed correct, but it is a bit more complex and requires some further explanation read more.

To being with, a mortgage may be paid off by either of two classes of persons: those who are “primarily responsible” for paying it and those who are not. Who is “primarily responsible?” the concept is not dependent on the existence of personal liability on the debt. Most obviously, the mortgagor is “primarily responsible” if he or she still owns the real estate, whether the debt is recourse or not. Likewise, if the real estate is sold, the grantee becomes “primarily responsible,” whether the grantee assumed personal liability on the debt or not. Even a tenant in common, a life tenant, or other holder of a limited interest in the real estate is “primarily responsible” except to the extent that someone else has a duty to reimburse him or her for part of the payment he or she might make.

If a complete payoff of the loan (including any validly accrued interest, prepayment fees, and other miscellaneous items) is made by somebody who is “primarily responsible,” the mortgage is indeed extinguished. Legally, it doesn’t exist anymore. Of course, that doesn’t make it disappear from the public records. Hence, the mortgagee has a duty to provide a suitable document, recordable in form, showing that the mortgage has been released. The person marking the payoff can then records it clear the records. We can correctly refer to the payoff as “redemption” of the land from the mortgage.

Incidentally, the great majority of states have statutes that formalize the mortgagee’s duty to provide a recordable document discharging the mortgage. The name customarily given to the document varies from one jurisdiction to another; it may be called a release, a satisfaction piece, a discharge, or (particularly where deeds of trust are commonly used) a re-conveyance. The name has little significance. Theses statutes often provide a fixed time period (e.g., 10 to 90 days) within which the lender must provide the document of discharge. Many of them impose financial penalties on lenders who fail to comply, and, in addition, allow the payer to recover any actual damages resulting from the lender’s failure to provide a discharge from a title loan Atlanta.

Disbursement of Foreclosure Sale Proceeds

Disbursement of Foreclosure Sale Proceeds

Disbursement of Foreclosure Sale Proceeds

Where the foreclosure sale produces a surplus, the rules governing who participates in that surplus and the priority of that participation are generally clear. Statutes often regulate the distribution of the surplus, especially in the power of sale setting. Some simply codify the principles described a car title loan in Atlanta, others seen their face to give the surplus to the mortgagor and make no reference to the rights of junior lienors. However, these latter statutes have generally been interpreted to give junior lienors right in the surplus and the priority over mortgagors generally described in the preceding paragraph. A few statutes make no mention of priorities, but simple authorize the mortgagee or trustee to pay the surplus to the clerk of court.

Suppose that for some reason a senior lien has been foreclosed and a surplus was produced, but a junior lien exist that is not in default. Should that junior lioner be entitled to pay from the surplus? Some courts have said yes. On the other hand, in re Castillian Apartments is an interesting case in this regard, in that case, a senior mortgage was foreclosed and produced a substantial surplus. The junior mortgage was not in default and contained no acceleration clause that would have made it due and payable whenever the senior mortgage went into default. Moreover, because the junior debt had previously been determined to be usurious, under North Carolina law all right to receive interest on it was forfeited. As a result, the North Carolina Supreme Court approved a lower court determination that the surplus should not be paid to the junior lienor and that it instead should be invested in a certificate of deposit for junior lienor’s benefit but with interest to be paid to the debtor.

The foregoing situation is relatively uncommon for several reasons. First, when foreclosures sale result in a surplus, the debts of junior lien claimants normally will be in default. This will be true automatically with respect to junior judgment lionors. Moreover, if the mortgagor has allowed senior debt to go into default, the chances are strong that the junior debt is in default as well. Second, even if the mortgagor has not otherwise default on senior debt, many junior mortgages provide a ground for acceleration that any default or foreclosure with respect to a senior encumbrance will give the junior mortgagee the option to accelerate the junior debt. Acceleration for such a reason is generally upheld. Finally, a few states appear to give junior lienors that are not default the right to be paid from a foreclosure surplus at the car title loan in Atlanta.