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#1142770 - 03/10/09 03:52 PM Can we use old mortgage?
CSB98 Offline
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Joined: Dec 2003
Posts: 1,338
Wisconsin
We initially did a home loan for a customer using Freddie Mac forms. The intention was to sell it to FM but we decided to keep it in house. The customer is now having some problems paying his loans so we want to combine some things to help him out. This would be done in-house on our state forms. However, we would like to continue to use the existing mortgage as collateral so that we don't lose our lien position. Is this possible given that the mortgage is on a FM form?

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#1142856 - 03/10/09 04:49 PM Re: Can we use old mortgage? CSB98
pjs Offline
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pjs
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oHiO
The mortgages on our loan system are used both for our in house loans and our freddie mac loans.

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#1142886 - 03/10/09 05:36 PM Re: Can we use old mortgage? pjs
CSB98 Offline
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Joined: Dec 2003
Posts: 1,338
Wisconsin
So you're saying it should be okay to use a mortgage on a Freddie Mac form for an in-house loan?

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#1142898 - 03/10/09 06:01 PM Re: Can we use old mortgage? CSB98
pjs Offline
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Yes

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#1142978 - 03/10/09 07:03 PM Re: Can we use old mortgage? pjs
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
If you advance any new money against the FM mortgage more than likely it will not cover the new advance. Read the mortgage carefully. If it has no future advance clause then it cannot be used and I don't recall the FM mortgages having a future advance clause in them.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1143004 - 03/10/09 07:15 PM Re: Can we use old mortgage? Dan Persfull
pjs Offline
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Good point Dan- thanks

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#1143009 - 03/10/09 07:18 PM Re: Can we use old mortgage? pjs
CSB98 Offline
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Joined: Dec 2003
Posts: 1,338
Wisconsin
The mortgage is for $52,000. Combining two notes would result in a new loan of approximately $51,800. So I think we would be okay.

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#1143021 - 03/10/09 07:26 PM Re: Can we use old mortgage? CSB98
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Let me repeat what I said above. Review the mortgage very very carefully for a section that allows future advances. In the 10 to 12 years I've dealt with FM I don't ever recall seeing one of their mortgages with a future advance clause in it.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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