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Company placing a mortgage on my house?

Started by Steven Stewart3 · · 👁 6 views · 34 replies

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Participants Steven Stewart3Rachel Diaz8Keith Reed62hollowmason64Carl WilsonLaura Cox5vividlynx68slycyclist342Andrew Martin45
vividlynx68 vividlynx68 Active Member
118 messages
joined Apr 2008
#21 ·
Steven Stewart3 said:¸
If my place was built back in '84, there's no doubt in my mind that the mortgage was taken out sometime after 1980. Honestly, though, I don't really care about the timeline—my main concern is making sure they aren't throwing interest into the mix. That’s the part everyone seems to be dodging, but it's the only thing that actually matters to me! Man, let me tell you, I am absolutely done talking about interest rates! Seriously, if I hear one more person drone on about basis points or what the Fed might do next, I’m going to lose my mind. It feels like every single conversation lately eventually circles back to those numbers, and honestly? It’s just exhausting. I’d much rather talk about anything else—literally anything! Let's move on to something actually fun for once!Honestly, I’m thinking about just sitting tight and waiting until the new Land Title Act kicks in—maybe then my principal might actually get wiped off the books! If I remember correctly, that loan was taken out back in '81 or '82, so there's no rush, right? I figure I can just hang out and wait for that 30-year mark to pass. No harm in being patient!

The claim is past the statute of limitations; they can only collect what’s covered by the mortgage. If it's a loan from 1980, you basically walk up to the teller, hand them your smallest coin, and call it a day.😁
vividlynx68 vividlynx68 Active Member
118 messages
joined Apr 2008
#22 ·
Quincy:
Steven Stewart3 As follows:
Now that I’ve actually taken a moment to recall what "mortgage insurance amount" even means—it's been quite a while since I sat through those classes—I finally tracked down a definition:
Pledge rights—well, they actually consist of two distinct stages— There’s a distinction between securing a claim and actually collecting it—two entirely different animals. The security phase kicks off the moment a lien is established and runs right up until the debt officially comes due. The debt collection stage only kicks in once a claim actually becomes due and goes unpaid—it doesn't just happen automatically.

And what does that look like in practice—are we talking actual penalties?
What does the entry in the land title registry actually say?

Assume there were two denominations in the interim—on January 1, 1990, we saw a new dollar against the old one at a 10,000:1 ratio, followed by May 30, 1994, when the local currency was swapped for the US dollar at 1,000:1.

By late 1991, the exchange rate for the newest dollar against the HRD was a flat 1:1.

Whatever happens to be recorded in the Land Title Act from the 80s—you really ought to share that. Ten million. To get the total amount in dollars.
Steven Stewart3 Steven Stewart3 MemberOP
45 messages
joined Jul 2019
#23 ·
vividlynx68 said:Quincy:
Steven Stewart3 As follows:
Now that I’ve actually taken a moment to recall what "mortgage insurance amount" even means—it's been quite a while since I sat through those classes—I finally tracked down a definition:
Pledge rights—well, they actually consist of two distinct stages— There’s a distinction between securing a claim and actually collecting it—two entirely different animals. The security phase kicks off the moment a lien is established and runs right up until the debt officially comes due. The debt collection stage only kicks in once a claim actually becomes due and goes unpaid—it doesn't just happen automatically.

And what does that look like in practice—are we talking actual penalties?
What does the entry in the land title registry actually say?

Assume there were two denominations in the interim—on January 1, 1990, we saw a new dollar against the old one at a 10,000:1 ratio, followed by May 30, 1994, when the local currency was swapped for the US dollar at 1,000:1.

By late 1991, the exchange rate for the newest dollar against the HRD was a flat 1:1.

Whatever happens to be recorded in the Land Title Act from the 80s—you really ought to share that. Ten million. To get the total amount in dollars.

Sorry about that—I deleted my last post because it was honestly kind of a mess. I don't have the deed or any of those official files sitting right in front of me at the moment. Since I own quite a few properties, I started getting a little bit of panic set in!
But looking at the situation now, I’m feeling way more optimistic that everything is going to turn out fine. I’m definitely going to hire an attorney to walk me through the next steps and make sure I'm covered. There seems to be a ton of conflicting advice floating around here on this topic, with everyone basically telling their own version of how things work.
That said, if I remember correctly, it’s been about 30 years since that loan was even taken out.
Thanks so much to everyone for all the helpful tips!
Steven Stewart3 Steven Stewart3 MemberOP
45 messages
joined Jul 2019
#24 ·
vividlynx68 said:Quincy:
Steven Stewart3 As follows:
Now that I’ve actually taken a moment to recall what "mortgage insurance amount" even means—it's been quite a while since I sat through those classes—I finally tracked down a definition:
Pledge rights—well, they actually consist of two distinct stages— There’s a distinction between securing a claim and actually collecting it—two entirely different animals. The security phase kicks off the moment a lien is established and runs right up until the debt officially comes due. The debt collection stage only kicks in once a claim actually becomes due and goes unpaid—it doesn't just happen automatically.

And what does that look like in practice—are we talking actual penalties?
What does the entry in the land title registry actually say?

Assume there were two denominations in the interim—on January 1, 1990, we saw a new dollar against the old one at a 10,000:1 ratio, followed by May 30, 1994, when the local currency was swapped for the US dollar at 1,000:1.

By late 1991, the exchange rate for the newest dollar against the HRD was a flat 1:1.

Whatever happens to be recorded in the Land Title Act from the 80s—you really ought to share that. Ten million. To get the total amount in dollars.

But honestly, why am I even sweating the math if the Land Title Act says this:
Here’s how it stands right now:
Section 162.
(1) An owner of a property burdened by a mortgage, as well as any joint owner or co-owner, can request that the local land registry court initiate proceedings to amortize and clear the mortgage debt:
– if at least 30 years have passed since the mortgage debt was recorded, provided there are subsequent filings related to it – counting from the date of the very last one of those filings
– if it’s impossible to locate the authorized parties listed in the records, or their legal successors, and
– if during this entire period, neither the principal nor interest has been requested or received, nor has the right been exercised in any other way.
(2) The provisions of this section do not apply to mortgages recorded before September 1st, 1980. Such mortgages shall be cleared automatically by the court or upon the request of a party.

I’m really crossing my fingers that there weren't any "subsequent filings" like they mentioned in paragraph 1. 😁, and the rest of these points seem to be totally on my side, especially
– if it’s impossible to find the authorized parties or their legal successors.
Steven Stewart3 Steven Stewart3 MemberOP
45 messages
joined Jul 2019
#25 ·
I was just sitting here looking over how everything got logged, two separate lists, one from 1986 (showing 8 million bucks) and another from '87 (just 1 million), which basically means all those old debts are being wiped clean.
Man, my folks back home can be something else sometimes...🙄Look, I’m an American myself, but still...🙄
Carl Wilson Carl Wilson Member
32 messages
joined Oct 2017
#26 ·
Yeah, but see, it’s an "and," not an "or." Like, it's all or nothing—every single one of those conditions has to be met. That’s why I was grilling you about that company you dug up. Is it actually the exact same outfit from back in the day? And if it isn't, are we talking about a legitimate legal successor? You really gotta dig into that and find out for sure...
Steven Stewart3 Steven Stewart3 MemberOP
45 messages
joined Jul 2019
#27 ·
Carl Wilson said:Yeah, but see, it’s an "and," not an "or." Like, it's all or nothing—every single one of those conditions has to be met. That’s why I was grilling you about that company you dug up. Is it actually the exact same outfit from back in the day? And if it isn't, are we talking about a legitimate legal successor? You really gotta dig into that and find out for sure...

So, the name on the paperwork is Bechtel; they're based out of the Midwest and their financials are pretty messy right now. When you buy out a turkey like this, you aren't just getting the assets—you're inheriting all the old debts and receivables too. Even though they could technically change the name, they haven't, so as far as anyone can tell, it's the same entity. Nobody's been coming after them for thirty years, so honestly, it feels like a total slam dunk to me.
I'm still slightly tripping over whether I'll have to cough up the principal amount, but even if it ends up being a few thousand bucks, I can handle that. No biggie!
Steven Stewart3 Steven Stewart3 MemberOP
45 messages
joined Jul 2019
#28 ·
I mean, I honestly don't see the issue here. It’s not like they handed us millions on a silver platter, yet here we are paying them back in small change. If we end up having to settle up, they'll still be coming out ahead or at least taking a tiny hit. Honestly, even if I were born into money, I’d probably feel the exact same way about this!
vividlynx68 vividlynx68 Active Member
118 messages
joined Apr 2008
#29 ·
Steven Stewart3 said:I was just sitting here looking over how everything got logged, two separate lists, one from 1986 (showing 8 million bucks) and another from '87 (just 1 million), which basically means all those old debts are being wiped clean.
Man, my folks back home can be something else sometimes...🙄Look, I’m an American myself, but still...🙄

That amounts to about 25 cents today.

Steven Stewart3 said:I mean, I honestly don't see the issue here. It’s not like they handed us millions on a silver platter, yet here we are paying them back in small change. If we end up having to settle up, they'll still be coming out ahead or at least taking a tiny hit. Honestly, even if I were born into money, I’d probably feel the exact same way about this!

The previous poster hit the nail on the head—to clear a mortgage, you have to prove there isn't a legal successor to the creditor. In your case, one definitely exists. You can't just expect it to vanish; once they check the property records, they'll find a successor without any trouble.
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#30 ·
Rachel Diaz8 said:So, basically, someone owes money for years, they never touch the principal, and eventually, the interest just expires under the statute of limitations.
That's pretty interesting.🙂

Just because you find it interesting doesn't mean you can spout nonsense and claim something is a lie.
What would you have us do? Just ignore the statute of limitations? Look, being in debt isn't a murder charge or a war crime.

Steven Stewart3 said:Sorry about that—I deleted my last post because it was honestly kind of a mess. I don't have the deed or any of those official files sitting right in front of me at the moment. Since I own quite a few properties, I started getting a little bit of panic set in!
But looking at the situation now, I’m feeling way more optimistic that everything is going to turn out fine. I’m definitely going to hire an attorney to walk me through the next steps and make sure I'm covered. There seems to be a ton of conflicting advice floating around here on this topic, with everyone basically telling their own version of how things work.
That said, if I remember correctly, it’s been about 30 years since that loan was even taken out.
Thanks so much to everyone for all the helpful tips!

Exactly. Given how old this debt is, plus inflation, the general instability of the country, and all those other factors, your best bet is to hand this over to a professional. Reach out to the bank, ask them exactly what they're claiming, and let them lay out the options.
It’ll work out. The interest isn't going to cost you your house, regardless of how worried you were 😁
And the reason you're seeing so much conflicting info online is just because everyone feels entitled to jump in and share advice that makes sense to *them*.
Steven Stewart3 Steven Stewart3 MemberOP
45 messages
joined Jul 2019
#31 ·
hollowmason64 said:Just because you find it interesting doesn't mean you can spout nonsense and claim something is a lie.
What would you have us do? Just ignore the statute of limitations? Look, being in debt isn't a murder charge or a war crime.

Exactly. Given how old this debt is, plus inflation, the general instability of the country, and all those other factors, your best bet is to hand this over to a professional. Reach out to the bank, ask them exactly what they're claiming, and let them lay out the options.
It’ll work out. The interest isn't going to cost you your house, regardless of how worried you were 😁
And the reason you're seeing so much conflicting info online is just because everyone feels entitled to jump in and share advice that makes sense to *them*.

Man, judging by the posts here, I guess you guys are the top-tier experts! LOL. I actually have a buddy from back in my school days who specialized in international finance law, and then there's another friend of mine right here in Pittsburgh who works for one of the best lawyers in town—straight-A guy since day one. But hey, at the end of the day, the situation is ☕
Rachel Diaz8 Rachel Diaz8 Member
24 messages
joined Jul 2016
#32 ·
hollowmason64 said:Just because you find it interesting doesn't mean you can spout nonsense and claim something is a lie.
What would you have us do? Just ignore the statute of limitations? Look, being in debt isn't a murder charge or a war crime.

Exactly. Given how old this debt is, plus inflation, the general instability of the country, and all those other factors, your best bet is to hand this over to a professional. Reach out to the bank, ask them exactly what they're claiming, and let them lay out the options.
It’ll work out. The interest isn't going to cost you your house, regardless of how worried you were 😁
And the reason you're seeing so much conflicting info online is just because everyone feels entitled to jump in and share advice that makes sense to *them*.

Now, dear hollowmason64, when we're dealing with claims secured by a lien, there actually isn't a statute of limitations on interest.
Let's not jump to conclusions quite so quickly.
hollowmason64 hollowmason64 Regular
411 messages
joined Jan 2016
#33 ·
Rachel Diaz8 said:Now, dear hollowmason64, when we're dealing with claims secured by a lien, there actually isn't a statute of limitations on interest.
Let's not jump to conclusions quite so quickly.

Actually, there is.
It’s not the principal amount that expires—it’s the interest, the legal fees, and those other secondary charges tied to the main debt that hit the statute of limitations on interest.
If I recall the specific section of the Uniform Commercial Code correctly, that's how it works.

@Steven Stewart3, don't sweat it, everything is going to work out fine.
slycyclist342 slycyclist342 Member
49 messages
joined Jan 2016
#34 ·
hollowmason64 is correct
The statute of limitations on interest applies
Andrew Martin45 Andrew Martin45 Newcomer
2 messages
joined Dec 2021
#35 ·
If we're looking at claims dating back to the 80s, most of those loan installments should have hit the statute of limitations ages ago. We’re talking nearly 40 years later, yet everything matured just three years back, and now it's sitting there uncollected and legally unenforceable because it's expired.

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