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Updated over 3 years ago,

User Stats

27
Posts
6
Votes
Grace B.
  • New York City
6
Votes |
27
Posts

How to enforce borrower cover property insurance and property tax

Grace B.
  • New York City
Posted

I sold my rental property to my renter       After two years out of five year lease. Title transferred. She paid down $50k. I thought it’s safe.  I carried 240 k.  She stopped paying property insurance. The insurance company notified me.  I sent two registered delinquent notices to her to warn insurance non compliant and foreclosure proceeding at the end of august.     Hear nothing back.  The deed of trust stated if borrower defaults on payment or tax or insurance , lender will foreclose as remedy.  

I regret didn’t establish escrow account for property tax and insurance in the deed if trust. It’s going to be a long battle of  enforcements year after year.  This is the second year of the mortgage. Payments have been on time ( because we enforce late fee and she learned the lesson that we will charge late fee when she was renting for two years prior)

We are looking for a Forclosure trustee  ( we can go back to the original trustee who were assigned from the title company but they may not specialize in forclosure , don’t know). We are ready hto foreclose. 

Or, hire a mortgage servicing company some of which would send out foreclosure letters and enforce and start debt collection process etc

How the best way to handle the no insurance coverage issue and tenant not paying property tax once for all ?

the tenant is running an elderly care in the house and may be not making enough money and this seems over the years. 

I think hiring a mortgage servicing company would be a solution but how do I negotiate with tenant to add that into contract retroactively ?  And can I count on that serving company to enforce the deed of trust ? Or