by Patrick on August 4th, 2009

Patrick

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I would like to trade my property for another property of greater value. My property is all paid for but the other property carries a note. Can you explain to me how the different equities and different values in the properties are handled in a trade?

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  • by 000 on August 5th, 2009

    000

    Having a 'note' on a property means another person has a financial interest ( or mortgage ) in that property, registered against the current owner. The property cannot be sold or traded without honoring the note first, so if the property was purchased, the deal must include clearing the title for the next owner, in other words paying the note off before the sale proceeds. In a trade, since no money changes hands, the new owner could be liable for the value of the note above and beyond the value of the trade. Most note holders would demand to clear you as the new note holder before allowing the trade or sale to proceed. In real estate, the note is the same as the mortgage, and has the legal right to be paid off first, by the current owner.

    Comments
    • The note would be paid off during escrow via refinance.

      Sherri

      by Sherri on August 6th, 2009

    • yup - - as in your answer too.

      000

      by 000 on August 6th, 2009

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