(a) A homestead or an interest therein shall not be conveyed by the owner thereof, if
married, except by way of mortgage for the purchase money thereof given at the time
of such purchase, unless the wife or husband joins in the execution and acknowledgment
of such conveyance. A conveyance thereof, or of an interest therein, not so made
and acknowledged, shall be inoperative so far only as relates to the homestead provided
for in this chapter.
(b) When a mortgagee takes an accruing mortgage, the only debt which shall be secured
thereby or become a lien upon the property described therein shall be the debt described
in the mortgage and existing at the time of its execution and any subsequent direct
indebtedness of the mortgagor to such mortgagee; provided, that when the mortgage
includes a homestead, the written consent of the wife or husband of the mortgagor
to the creation of such subsequent direct indebtedness shall be required.
(c) If a mortgaged property includes a homestead, any amendment to the mortgage which
increases the amount of the indebtedness secured thereby or extends the date of maturity
thereof shall be executed and acknowledged by both spouses. The failure to obtain
the written spousal consent shall not affect the validity or priority of such amendment,
but the lien created thereby shall be inoperative so far only as relates to the rights
of homestead of such spouse in the mortgaged premises under chapter 3 of this title,
provided the amendment is challenged by such spouse before his or her homestead interest
is otherwise extinguished.
(d) Notwithstanding anything to the contrary in this section, a spouse or civil union
partner may convey his or her respective homestead interest to the other spouse or
civil union partner prior to the time the homestead right vests, thereby divesting
the grantor of any homestead interest in the property. A conveyance of homestead property
between spouses or civil union partners shall be deemed to include a conveyance of
any homestead interest. This section shall apply retroactively, except that it shall
not affect a suit begun or pending as of July 1, 2008. (Amended 1999, No. 153 (Adj. Sess.), § 31, eff. May 24, 2000; 2007, No. 177 (Adj. Sess.), § 1.)
GMAC Mortg., LLC v. Orcutt, 506 B.R. 52 (D. Vt. 2014). · cites it 11דIn conjunction with the filing of the Petition, Debtors filed an adversary proceeding (the “Adversary Proceeding”), characterizing it as “an action to determine the nature, extent and validity of the mortgage on [Djebtors’ residence, pursuant to 27 V.S.A. § 141, 27 V.S.A. § 349,…”
Brattleboro Sav. & Loan Ass'n v. Hardie, 2014 VT 26 (Vt. 2014). · cites it 8דThe superior court ruled that the mortgage was inoperative because Mangini’s husband, defendant Richard Hardie, mortgaged the property without the participation of Mangini in violation of 27 V.S.A. § 141(a). We reverse the grant of Mangini’s motion for summary judgment and the…”
Jakab v. Cendant Mortg. Corp. (In Re Jakab), 293 B.R. 621 (Bankr. D. Vt. 2003). · cites it 11דVermont’s Statutory Requirements Vermont law sets specific requirements for conveying real property declared to be a homestead: (a) A homestead or an interest therein shall not be conveyed by the owner thereof, if married, except by way of mortgage for the purchase money thereof…”
Warner v. CitiFinancial, Inc. (In Re Warner), 446 B.R. 651 (Bankr. D. Vt. 2011). · cites it 5ד§ 522 and 27 V.S.A. § 141, challenging the nature and validity of a mortgage in favor of the Defendant.”
Mercier v. Partlow, 546 A.2d 787 (Vt. 1988). “233 , 235 *525 (1916); 27 V.S.A. § 141. In modern times, most of the homesteads have a purchase money mortgage — it is necessary to achieve homeownership in today’s society.”
Est. of Girard v. Laird, 621 A.2d 1265 (Vt. 1993). “Both agree that the controlling statute is 27 V.S.A. § 141(a), which provides: § 141.”
Jones v. Nationstar Mortg., LLC (In re Jones), 534 B.R. 588 (Bankr. D. Vt. 2015). · cites it 4דTo further that purpose, Vermont law also provides: 27 V.S.A. § 141. Liens created without the non-signing spouse’s consent are voidable; the non-signing spouse may elect to set such a mortgage aside.”
Bellows Falls Trust Co. v. Gibbs, 534 A.2d 210 (Vt. 1987). “27 V.S.A. § 141(b) provides that “[w]hen a mortgagee takes an accruing mortgage, the only, debt which shall be secured thereby or become a lien upon the property described therein shall be the debt described in the mortgage and existing at the time of its execution, and any…”
Charter One Bank v. Est. of Spillane, 807 A.2d 452 (Vt. 2002). “On appeal, Mary assigns numerous claims of error, but the centerpiece of her argument is that none of the advances made to Phillip during his first or his second marriage was perfected because of lack of consent by the spouses; therefore, she argues, the liens are void pursuant…”
Muther v. CitiMortgage, Inc. (In re Muther), 479 B.R. 316 (Bankr. D. Vt. 2012). · cites it 17דMuther’s subsequent actions preserve or restore her homestead interest and hence revive her ability to challenge the 2007 Fidelity Mortgage? Fourth, is the Defendant, CitiMortgage, entitled to sanctions? Each Party’s Position The Plaintiffs focus on the protections afforded…”
Slaving v. Cendant Mortg. Corp. (Vt. Super. Ct. 2005). · cites it 6דSHERMAN SLAVING ESTATE, Defendant ORDER ON PLAINTIFF’S MOTIONS FOR DECLARATORY AND SUMMARY JUDGMENT AND DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT Plaintiff Barbara Slaving requests a declaratory judgment from the Court that a mortgage executed solely by her late husband, on…”
— Vt. Stat. Ann. tit. 27, § 141(a) — 7 cases
Brattleboro Sav. & Loan Ass'n v. Hardie, 2014 VT 26 (Vt. 2014). “The superior court ruled that the mortgage was inoperative because Mangini’s husband, defendant Richard Hardie, mortgaged the property without the participation of Mangini in violation of 27 V.S.A. § 141(a). We reverse the grant of Mangini’s motion for summary judgment and the…”
Jakab v. Cendant Mortg. Corp. (In Re Jakab), 293 B.R. 621 (Bankr. D. Vt. 2003). “Vermont’s Statutory Requirements Vermont law sets specific requirements for conveying real property declared to be a homestead: (a) A homestead or an interest therein shall not be conveyed by the owner thereof, if married, except by way of mortgage for the purchase money thereof…”
GMAC Mortg., LLC v. Orcutt, 506 B.R. 52 (D. Vt. 2014). “In conjunction with the filing of the Petition, Debtors filed an adversary proceeding (the “Adversary Proceeding”), characterizing it as “an action to determine the nature, extent and validity of the mortgage on [Djebtors’ residence, pursuant to 27 V.S.A. § 141, 27 V.S.A. § 349,…”
Est. of Girard v. Laird, 621 A.2d 1265 (Vt. 1993). “Both agree that the controlling statute is 27 V.S.A. § 141(a), which provides: § 141.”
Warner v. CitiFinancial, Inc. (In Re Warner), 446 B.R. 651 (Bankr. D. Vt. 2011). “§ 522 and 27 V.S.A. § 141, challenging the nature and validity of a mortgage in favor of the Defendant.”
— Vt. Stat. Ann. tit. 27, § 141(b) — 4 cases
GMAC Mortg., LLC v. Orcutt, 506 B.R. 52 (D. Vt. 2014). “In conjunction with the filing of the Petition, Debtors filed an adversary proceeding (the “Adversary Proceeding”), characterizing it as “an action to determine the nature, extent and validity of the mortgage on [Djebtors’ residence, pursuant to 27 V.S.A. § 141, 27 V.S.A. § 349,…”
Jakab v. Cendant Mortg. Corp. (In Re Jakab), 293 B.R. 621 (Bankr. D. Vt. 2003). “Vermont’s Statutory Requirements Vermont law sets specific requirements for conveying real property declared to be a homestead: (a) A homestead or an interest therein shall not be conveyed by the owner thereof, if married, except by way of mortgage for the purchase money thereof…”
Bellows Falls Trust Co. v. Gibbs, 534 A.2d 210 (Vt. 1987). “27 V.S.A. § 141(b) provides that “[w]hen a mortgagee takes an accruing mortgage, the only, debt which shall be secured thereby or become a lien upon the property described therein shall be the debt described in the mortgage and existing at the time of its execution, and any…”
Charter One Bank v. Est. of Spillane, 807 A.2d 452 (Vt. 2002). “On appeal, Mary assigns numerous claims of error, but the centerpiece of her argument is that none of the advances made to Phillip during his first or his second marriage was perfected because of lack of consent by the spouses; therefore, she argues, the liens are void pursuant…”
— Vt. Stat. Ann. tit. 27, § 141(d) — 1 case
Muther v. CitiMortgage, Inc. (In re Muther), 479 B.R. 316 (Bankr. D. Vt. 2012). “Muther’s subsequent actions preserve or restore her homestead interest and hence revive her ability to challenge the 2007 Fidelity Mortgage? Fourth, is the Defendant, CitiMortgage, entitled to sanctions? Each Party’s Position The Plaintiffs focus on the protections afforded…”
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