Sunday, April 19, 2009

What happens if your home is foreclosed but you own the land?

Let's say I build a million dollar home on a land I already own outright. And I happen to default on the mortgage and the bank forcloses on the home.

So what happens to the home? Will the bank take the house?


If you broke ground on this supposed house and built it on a foundation or pilings, then it becomes a part of the property as your county assessors office includes the land and house as well in your tax assessment. The same as if you pay cash and install a pool, it becomes part of the property, so yes it all goes.

If it was a mobile home that is personal property and if the land was in someone Else's name then they could repo the trailer the same as a car and the land owner keeps his lot. If it was your land as well paid for separately then they could let it sit and sell it like real estate.

Usually your land is considered collateral equity against your mortgage when they assess your assets. So yeah, if you don't pay your mortgage, the bank will take your house AND the land, towards the amount you owe. If the house is worth a million dollars, you'd better be putting your cars etc. in other peoples' names too, because your cars, as assets, can be confiscated by the bank towards any outstanding liens. Watch yourself!

The legal definition of property includes 'land'. So if your home is foreclosed the land will be also. The bank will be entitled to the land and the house.

anything attached to the land is also lost...ex boyfriend had it happen to him

When a home is mortgaged the land it sits on is also mortgaged. If the house is foreclosed, so is the land.

Technically, only if you mortgage the land to finance the building of the home. However, most, if not all, lenders will not issue a Deed of Trust on a construction loan unless their lien also attaches to the the land. Otherwise they would have to move the structure or sell as is, where is and that would diminish the forced sale value of the property. Consult a real estate attorney.

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