LIEB BLOG

Legal Analysts

Monday, August 02, 2010

Lender paying your taxes

I just got a call from a potential client who asked if the lender was allowed to pay their taxes even though they had been permitted to pay them outside of the mortgage in the past. Guess what? If you don't pay your taxes, the lender may pay them.

Doesn't this make sense. The lender has a right to protect their interest in the property. If you don't pay your taxes, why should the lender have to suffer the consequences? If you review a standard mortgage, you will find that paragraph 6 states:

"That the mortgagor will pay all taxes, assessments, sewer rents or water rates, and in default thereof, the mortgagee may pay the same"

Remember that the mortgagor is the borrower and the mortgagee is the lender.