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7 July 2024 | 4 replies
Subject to sales were a lot more popular when interest rates were 15% +( 1979-1983), there were no “due on sale” clauses, and few real estate transactions were occurring.However, there are still some benefits to the seller in particular situations if (1) the seller understands and accepts those risks and (2) certain safeguards are utilized to modify some of those risks.A few possible seller motivations for selling subject to1.
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5 July 2024 | 8 replies
You contract with the seller should spell out exactly what the risk are for him; further, you should not do this deal unless (1) the seller utilizes the services of an attorney to advise him (2) you have the cash or credit capacity to payoff or refinance the loan if it is accelerated due to the due on sale clause and (3) proper safeguards by way of third party servicer, escrow, legal documentation, are adhered to.It seems you may have a big winner; however, it’s just these that lead to lawsuits if not handled properly.
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10 July 2024 | 256 replies
It should strive to become and remain proficient in its field and be competent to properly address issues which arise in connection with the ownership or collection of debts.CANON 3 – CONFIDENTIALITYAn RMAI Member shall always demonstrate their commitment to maintaining the confidentiality of consumer account data which shall be revealed through the development, implementation, monitoring, and annual review of security measures adopted for its protection, not only while having title to the receivable but also during transmission of the data occurring during the sale or purchase of the receivable.Commentary:A Member shall strive to implement the highest standards of information security policies, safety, and security plans and guidelines which meet or exceed any state or federal statutory and regulatory requirements for the safeguarding consumer personally identifiable information and account data.A Member shall abide by all non-disclosure and confidentiality agreements with the parties with whom it has business dealings regarding the other parties’ consumer accounts, proprietary business information, and trade secrets.The obligation to protect confidences does not preclude a Member from revealing information when consent is provided; as permitted in statute, regulation, or case law for the collection of a debt; or when required by law.It is not improper for a Member to give, as allowed by law, limited information from its files to an outside agency necessary for statistical, bookkeeping, accounting, data processing, banking, printing, or other legitimate purposes, provided it exercises due care in the selection of the agency and warns the agency that the information must be kept confidential along with the execution of proper confidentiality agreements.CANON 4 – COMMUNICATIONSAn RMAI Member shall demonstrate caution in its verbal and written communications with others which shall be revealed through the absence of false, fraudulent, misleading, deceptive, or unfair statements.Commentary:A Member shall accurately represent professional memberships, designations, credentials, capabilities, and experiences.The name under which a Member conducts its business should not mislead others concerning the identity, responsibility, and status of the Member, even if such name is permissible under the FDCPA or other state and federal statute.A Member shall not directly or indirectly compensate or give anything of value to representatives of the press, radio, television, or other communication medium in anticipation of, or in return for professional publicity in a news item unless such payment is disclosed in such news item.
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3 July 2024 | 5 replies
The NC Secretary of State has what they call an eNotary, but "the process maintains the traditional safeguards of requiring the eNotary and the signer to be in the same physical location and for the identity of the signer to be verified by the eNotary."
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27 June 2024 | 5 replies
Vacant dwelling coverage can be written with theft coverage with a few companies but again they may also require safeguards.
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24 June 2024 | 4 replies
spectrum and safeguard are two we use
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24 June 2024 | 7 replies
We are also owner-occupying our buildings so we need to know how to safe guard ourselves with boundaries as we are living in our buildings, Jesse had some similar experiences.
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24 June 2024 | 1 reply
By prioritizing open dialogue, seeking expert advice, and focusing on equitable solutions, you can navigate the partnership dissolution with minimal friction, respecting each other's contributions while safeguarding your financial interests.Hope this helps!
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23 June 2024 | 11 replies
Any insights, advice, or suggestions on how we can achieve our investment goals while safeguarding our assets would be greatly appreciated.
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23 June 2024 | 2 replies
As for selling with 10% down at 8% interest, you now have two title transfers that violate the due on sale clause and add complications to subject to “safeguards” that reduce risk if note is accelerated, if party in possession doesn’t pay taxes or insurance, and of triggering whatever system the lender has set up to notify them when a deed transfer takes place.