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May a lender maintain a property without evicting an owner who is in default (or who is even current in his mortgage)?

a) Yes, if the lender intends to sell the property
b) Yes, if the lender has obtained a court order
c) No, eviction is mandatory in default cases
d) Yes, with the owner's permission

1 Answer

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Final answer:

A lender may maintain a property with the owner's permission but cannot do so unilaterally without a court order or during the foreclosure process. Eviction is not mandatory in default cases and requires legal proceedings.

Step-by-step explanation:

The question asks whether a lender can maintain a property without evicting an owner who is defaulting or even current on their mortgage. The correct answer is d) Yes, with the owner's permission.

Lenders typically do not have a right to maintain a property unless they have taken steps to foreclose on the property after the owner defaults on the mortgage. Even in the case of default, eviction is not automatic. The lender must go through the legal process of foreclosure, which can lead to eviction if the owner does not remedy the default or work out an alternative arrangement with the lender. However, with the owner's voluntary permission, a lender may maintain the property. This could be part of an agreement between the lender and the borrower to preserve the value of the property as they work out a resolution to the default.

If a lender intends to sell a property, they still must go through the foreclosure process and obtain either a court order or the consent of the owner before taking any action to maintain or sell the property. Keeping a property maintained can benefit both the lender and the owner by helping to preserve the value of the property.

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