Legal Question in Real Estate Law in New York

Pay back home equity loan before selling?

I just moved to NJ and have my old place in NY (a co-op) on the market to sell. If I take out a home equity loan of the place for sale, how does that work when it finally sells? Do I have to pay back the loan before the sale is finalized or will the mortgage company just deduct what's owed from the proceeds of the sale?

Thanks!


Asked on 4/07/05, 11:20 am

3 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Pay back home equity loan before selling?

Your debt will have to be settled as part of the transaction that closes to the new buyer. If you hope to sell in the near future, that may mean that borrowing against your condo will not pay the costs to you.

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Answered on 4/08/05, 12:46 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Pay back home equity loan before selling?

Whether you are you confusing a home "equity" loan with a "bridge" loan [program] available via your employer; the answer is the same, the Lender specified terms are controlling.

But, generally repayment is due upon sale of the collateral securing the mortgage loan.

Please note, if you obtain a "equity" mortgage loan on your property in NY, (rather than a "bridge" or "short term" purchase loan) you may incur a "PRE-Payment PENALTY, that can now be extended for up to 3 years!!!

Get a lawyer

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/09/05, 3:30 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Pay back home equity loan before selling?

At the time of closing, the title company will collect the loan as a pay off from the proceeds of the sale. The payoff may not extend beyond the closing or else the new owners will have a lein on the property they buy.

Feel free to contact me with any further questions.

Good Luck

RRG

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Answered on 4/07/05, 12:20 pm


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