Am I obligated to pay a mortgage if a region is annexed? This is a hypothetical question. Suppose I buy a house and have a mortgage. Later, the region my house is in is annexed by another country. Let's assume also that the mortgage I took out is based in the region's former owner. As a home owner, I would love to ignore my creditors located across the border. My question is, what could the bank do to collect payment across a border when tensions are high?
The law applicable to immovables is the law of the situs (lex rei sitae), i.e. the law of the country where the immovable property is located. This is important because this law changed after the annexation. Therefore, the mortgage may not exist anymore as a security. The lex rei sitae in regard to immovables is usually not subject to a choice of law agreement. Consequently, the law of the country of the creditor, which applied to the mortgage agreement is not applicable. As far as the loan is concerned, the courts in the new country have jurisdiction over a claim for payment under the loan agreement and may apply the law of the country of the creditor and order payment. If you are unable to make payments, your house maybe subject to insolvency rules and sold, the proceeds then paid to your creditors. The country of the creditor may also have jurisdiction, if you are still a national of this country and nationality is a ground for jurisdiction in that country. Assuming the property is your only valuable asset, a judgment in favour of the creditor needs to enforced in the "new" country. Whether this actually happen, depends on the law of the "new" country, and most importantly probably on the relationship between the two countries after the annexation.
Give the contract language now included in the question, it seems that payment is not due until after the invoice is submitted. I don't see any obligation on the homeowner's part to prompt the contractor to submit the invoice, nor to pay until it is submitted. It might be well to keep a sum reserved so that a late invoice will not find the homeowner with a cash flow problem leading to a default, which could allow the contractor to claim damages or file a lien. But I don't see how a lien can be field before the invoice is delivered, because the payment is not due until 30 days after the invoice date, and no lien can be field until payment is overdue. It seems that the warranty on the work is not in effect until after final payment is made. If there is any reason to consider a warranty claim, it might be desirable to get and pay the invoice.
A lien is used to prevent sale of a property until a debt is paid. This has nothing to do with priority over a mortgage. The HOA agreed to release the lien for some payment. The negotiation of that payment doesn't matter to the new buyer. Once the lien is released, then it is no longer listed with the county on the property, so the property can now be sold. The former lienholder cannot now apply a new lien to the property because the new owner is not a debtor to the former lienholder. This would be a terrible way to manage property sales, and no mortgage company would allow a mortgage for a property that could not be sold in case of foreclosure, which is likely why the mortgage holder was a private individual. It is possible for a new owner to take on existing liens, but this would be clearly spelled out in purchase documents. There should be a statement on the title search results that no liens exist.
In the US, a house Title determines ownership, the name on the mortgage determines who owes the bank money. But a new mortgage will need the title holder to be on the document, because you cannot use someone else's real property as collateral. As to who can evict someone, it's the property owner, not the mortgage holder.
FDIC Regulation 500 prohibits discrimination in making loans on the basis of "National origin" but not on the basis of immigration status. This story from The Nation says that Bank of America is denying accounts to non-citizens, and arguing that it is legal because of increased risks, although there are current court challenges to this. Perez v. Wells Fargo Bank, N.A is a case now pending challenging loan denials based on immigration status. This has particularly come up in regard to DACA recipients, rather than people with LPR status. The US "public accommodation" laws probably do not apply, as a bank is not usually considered a place of public accommodation. Any specific state laws prohibiting discrimination on the basis of immigration status might apply. In short, this is an issue still not clearly settled. There seems to be no law or regulation requiring banks to ask for citizenship information, much less to deny accounts based on it, and it would be well to seek a bank with a different policy if possible. The above is very US-specific. Many countries do limit banking access based on citizenship, i understand. I am not a lawyer, and this is not legal advice. Before challenging any bank action, you may well wish to seek advice from a lawyer.
Would capital gains taxes come into play given that the house is his daughters primary residence, but not his? Yes. He sold something that was his property, i.e., his [long term] asset. The fact that it was not his primary residence is irrelevant in this regard. The issue of primary vs. non-primary residence might be relevant only for purposes of computing the applicable credits and/or deductions, but that is very jurisdiction-specific.
Do I have standing to sue a credit bureau or lender after being approved for a loan but being prevented from signing due to their error? Unfortunately, no. The email you got from the loan agency reflects that no contract was formed yet. The email merely is the loan agency's expression of interest to proceed toward the formation of that contract. Absent that formation of the contract, even if for reasons beyond your control, you are not entitled to the benefits or consideration(s) the contract would provide. Nor would the lender be entitled to your compliance with the terms of that contract, terms which might not even be informed --let alone known-- to you. There is no legal obligation from one party to the other. Lastly, the agency's or bureau's faulty process/questionnaire is not actionable either. Lender's reluctance to employ an alternative method is within his freedom of contract.
In the US and probably most if not all common law jurisdictions, this means that all of the siblings enjoy equal rights to the property. There are different kinds of ownerships, including tenancy in common and joint ownership. Whatever the case may be, one or more of the co-owners cannot confiscate your property, so they cannot remove your claim. They also cannot kick you out. The only legal way to remove you is via a court process where, after a court order, the sheriff tosses you into the street. It would be a crime (literally) for them to physically remove you themselves. They could sue you for your share of the &quot;bills&quot;, depending on what those bills are. For example, as a co-owner, you have an obligation to pay a portion of the property taxes, even if you don't live there. You do not have an obligation to pay a portion of the cable bill if you don't live there. You would be liable for a share of necessary repairs, but not unnecessary fancying-up. You would also be entitled to a share of any rent received, if they had been renting out a part of the house. Since you do in fact owe a share of the taxes and repairs, it is counterproductive to say &quot;Oh yeah? Sue me!&quot;.