Can a mortgage loan be called due to the condition of the yard?
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Can a mortgage loan be called due to the condition of the yard?
Grass is high; porch needs to be repainted. Being told the bank will call
in the note.
Asked on March 10, 2016 under Real Estate Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
As a general rule, no, a mortgage cannot be called due the condition of your yard. Most mortgage agreements only permit the revocation of a note or loan due to non-payment.
The caveat here is 'as a general rule.' If your mortgage agreement has some type of specialized provision that requires you to keep your yard up or porch repainted.... then you could be at risk. If you are concerned, have an attorney review your mortgage agreements to make sure.
Homeowners associations are a different story. When someone lives in a sub-division with certain covenants, deed restrictions, or homeowner associations... then they are subject to those restrictions. This means that if you do violate a restriction, then the homeowner's association can seek to enforce the restriction... which could placing a lien on your home or seeking foreclosure.
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