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Mortgages for properties vested in a guardianship or
conservatorship
When the borrower is incapacitated and there is a
court-ordered conservator or guardian, the vesting needs to be in the name of
the conservatorship or guardianship. The conservator or guardian signs the
security instrument (the signature lines must match the vesting). If a
conservatorship or guardianship is established, a power of attorney is no longer
valid.
Items needed for submission include:
Letters of Conservatorship or Letters of Guardianship
Preliminary title report
Written statement from borrower indicating purpose of transaction
If guardianship is a result of an
irrevocable trust then provide a copy of the trust
Definitions
Guardianship - A legal form of ownership where the person named as the guardian
is responsible for the welfare and property of a minor child whom the law
regards as an incompetent person.
Conservatorship - A legal form of ownership where the person named as the
conservator is responsible for the welfare and property of a person who has been
ruled incompetent.
Types of financing eligible for vesting in a guardianship or conservatorship
Most mortgage loans, including
low doc, should be eligible for this type of vesting, subject to review and
approval. The
rates and fees should not be any higher than standard financing.
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