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Old 03-12-2011, 05:42 PM
 
65 posts, read 197,451 times
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I questioned the rights of landlords to inspect their tenants' apts. whenever and however they wished and got alot of angry replies from landlords who seem to feel all they needed to do was give notice and they had a right to go into tenant's homes whenever and look into whatever. Why shouldn't their mortgage companies have the same rights to look into the properties of those having a mortgage, and do the mortgage holders have such rights. After all, wouldn't the same rationales that the landlords are using hold true for the mortgage holders?
Adreanna
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Old 03-12-2011, 05:58 PM
 
Location: Maine
2,274 posts, read 6,098,818 times
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Oh good lord.
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Old 03-12-2011, 05:59 PM
 
Location: Maine
2,274 posts, read 6,098,818 times
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I triple dog dare you to call a lawyer and ask these questions, then report back to us what you learn.
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Old 03-12-2011, 07:08 PM
 
4,399 posts, read 9,695,701 times
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Quote:
Originally Posted by adreana View Post
I questioned the rights of landlords to inspect their tenants' apts. whenever and however they wished and got alot of angry replies from landlords who seem to feel all they needed to do was give notice and they had a right to go into tenant's homes whenever and look into whatever. Why shouldn't their mortgage companies have the same rights to look into the properties of those having a mortgage, and do the mortgage holders have such rights. After all, wouldn't the same rationales that the landlords are using hold true for the mortgage holders?
Adreanna
No. The same rationale does not apply. The mortgage holder does not own the property.
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Old 03-12-2011, 07:17 PM
 
Location: Central Texas
20,816 posts, read 40,201,791 times
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Actually, to be entirely accurate, you got replies from both landlords and tenants who were not angry but said you were overreacting and referred you to the lease that your aunt signed which most likely, like all leases, states the conditions under which the landlord has legal access to inspect the property. Usually with 24 to 48 hours notice, depending on the state.
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Old 03-12-2011, 07:43 PM
 
65 posts, read 197,451 times
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Originally Posted by jdm2008 View Post
No. The same rationale does not apply. The mortgage holder does not own the property.
Don't pay your mortgage for a couple months and see who owns the property.
Adreana
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Old 03-12-2011, 07:51 PM
 
4,399 posts, read 9,695,701 times
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Originally Posted by adreana View Post
Don't pay your mortgage for a couple months and see who owns the property.
Adreana
I do not have a mortgage so I will not be able to try your suggestion out .
By definition a mortgage holder cannot own property, when they own property they are not mortgage holders anymore they are property owners and then they can inspect until their hearts content after a foreclosure. Until then no.
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Old 03-12-2011, 07:55 PM
 
65 posts, read 197,451 times
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Originally Posted by lawmom View Post
Oh good lord.

Just because your group agrees with you doesn't make you right. Just because you try to ridicule me doesn't make your opinion right. Currently someone who is paying on a home only owns it as long as they can pay their loan, much like a renter who only has lease rights as long as they pay their rent. There is every reason, by the rationale of all of you for invading your renter's privacy; for the bank/mortgage company to want to inspect their investment and if landlords continue to lord it over their tenants with the ridiculous idea that they should be able to go into a person's home any time they want and the only proviso is that they give notice, then we may well see lenders do the same. You are arguing over terminology, but the reality is that the two situations are not dissimilar. You are just used to things being done a certain way, your way, so you are surprised and annoyed by these ideas. You think your renters love you for coming into their homes like this?
Adreana
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Old 03-12-2011, 08:02 PM
 
65 posts, read 197,451 times
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Originally Posted by jdm2008 View Post
I do not have a mortgage so I will not be able to try your suggestion out .
By definition a mortgage holder cannot own property, when they own property they are not mortgage holders anymore they are property owners and then they can inspect until their hearts content after a foreclosure. Until then no.
I am trying to make a point about the situation of people buying property with a loan not being dissimilar from the situation a renter is in. I may have the technical terminology wrong, but what I am trying to say is that the bank or whomever, like the landlord, could have the same power to inspect the property to protect his investment. That's the point, sorry if I am not technically correct with my terminology. I see no reason why a lender could not make regular inspections part of the loan terms. The only real difference here between the buyer of a home and a renter are monetary circumstances. One is stating an intent to own permanently, and putting up a large downpayment, the other is owning short term, and putting up a smaller down in the form of first, last, the various fees and security deposit. Neither has full ownership, both have some ownership. The real owner in both cases is the person who owns the property outright, with nothing more to pay on it, and that is usually the bank. So why wouldn't that entity have the same rights as a landlord who has not even fully paid for the property? The entity that lends all of that money is the one that has the most invested, so they should have the right to protect that investment.

Adreana

Last edited by adreana; 03-12-2011 at 08:19 PM..
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Old 03-12-2011, 08:09 PM
 
Location: NJ
17,579 posts, read 42,268,931 times
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Quote:
Originally Posted by adreana View Post
I am trying to make a point about the situation of people buying property with a loan not being dissimilar from the situation a renter is in. I may have the technical terminology wrong, but what I am trying to say is that the bank or whomever, like the landlord, could have the same power to inspect the property to protect his investment. That's the point, sorry if I am not technically correct with my terminology.
Adreana
Your point is really not valid. When you rent a place you sign a lease that stipulates how you have to maintain the place you are renting. You are limited in what modifications you can do to the rental. You pay a security deposit to protect against these things. You agree to let the owner have the right of entry in certain situations (including to inspect the state of the rental).

Those don't happen with a mortgage. And the comments about the bank really owning the house don't really mean much either. The fact that the homeowner had the right to sell the house is indication enough of who owns the house. Try and sell your rented apartment and see how that works out.
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