My Mortgage Company may go Out of Business, What Should I do?
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Summary
My mortgage company may go under. Who owns the house in that instance? The mortgage company’s creditors? How will it affect me? I am all paid up and in good standing. Should I refinance now or not? |
“My mortgage company may go under. Who owns the house in that instance? The mortgage company’s creditors? How will it affect me? I am all paid up and in good standing. Should I refinance now or not?”
You own the house, as you always have; all the mortgage company has is a lien against the house which it can enforce if you don’t meet your obligations.
When a mortgage company goes under, its mortgages are assets which go to someone. Usually, they are sold to another company and the cash used to pay the first mortgage company’s creditors. This can be a little confusing for the homeowners, but you should get notice of where and to whom you need to send your payments. At a minimum, you should keep especially careful records of your payments during this transition period, just in case there’s a dispute later.
The rest of the terms of your loan are governed by the documents you signed, and should not change.
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.