Easily Replace Cross in the Mortgage Agreement

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How to Replace Cross in the Mortgage Agreement

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hi this is Paula Waterman with Castle Rock mediation and this is Chris Waterman the Denver mortgage guy today we want to talk to you about what is the diff ing somebody from Thai those are two different things yeah we get this question a lot especially because we have a divorce Services business and when people are getting a divorce one person may want to keep the house and the other person is going to leave the marital property and when you do that you got to take them off the mortgage and off the title or the deed to the house so how do you do that I know a lot of people have heard the term quit claim deed right oh I just do a quick claim deed and itll all be done in one fall swoop no it doesnt work that way a quick claim deed only removes somebody from the title the property doesnt remove them from the mortgage theyre two separate things so title basically means whos the owner of the property right when you say Im on title that basically means you own the property just like wh

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What is a cross mortgage?

Cross collateralization involves using an asset thats already collateral for one loan as collateral for a second loan. The loans can be of the same type, as in a second mortgage, but cross collateralization also includes using an asset, such as a vehicle, to secure another sort of financing, such as a credit card.

What does cross collateralized mean in real estate?

A cross-collateralization clause generally provides that the same collateral, often real property, secures multiple loans from the same lender. In the construction loan context, a developer will often take out sequential loans from the same lender to finance particular phases of a project.

What is the risk in cross-collateralization?

While there are benefits, there are risks that come with using cross-collateralization: Increased leverage overall, as a borrower must service new debt to ensure they do not default on any of the loans. Elevate the risk of loss of the asset if a default occurs.

What is a cross-default clause in a mortgage?

Cross default is a provision in a bond indenture or loan agreement that puts a borrower in default if the borrower defaults on another obligation. For instance, a cross-default clause in a loan agreement may say that a person automatically defaults on his car loan if he defaults on his mortgage.

What is a cross collateral addendum?

Cross-collateralization clauses provide that collateral for one loan is used as collateral for two or more loans made by the lender. Cross-collateralization can be achieved using various methods. One method is to add language in the security instrument that the collateral shall serve as security for two or more loans.

What is the cross-default amount?

A cross default threshold is the minimum loan amount that can be subject to CD. With this clause, loan amounts below the cross default threshold will not trigger a loans cross default provisions.

How do you document cross-collateralization?

When seeking to cross-collateralize a loan, a lender would have the borrower sign one promissory note and one deed of trust. However, the deed of trust would be recorded against both properties. The documents would list both property descriptions, and escrow and title would refer to both properties.

Why would cross-collateralization occur?

Cross-collateralization in real estate can occur in two ways: When a borrower uses a non-real estate asset to secure a real estate loan, or when a borrower uses real estate to secure a loan.

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