Can a mortgage loan be called due to the condition of the yard?

UPDATED: Sep 30, 2022

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Can a mortgage loan be called due to the condition of the yard?

Grass is high; porch needs to be repainted. Being told the bank will call

in the note.

Asked on March 10, 2016 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As a general rule, no, a mortgage cannot be called due the condition of your yard.  Most mortgage agreements only permit the revocation of a note or loan due to non-payment.
The caveat here is 'as a general rule.'  If your mortgage agreement has some type of specialized provision that requires you to keep your yard up or porch repainted.... then you could be at risk.  If you are concerned, have an attorney review your mortgage agreements to make sure.
Homeowners associations are a different story.  When someone lives in a sub-division with certain covenants, deed restrictions, or homeowner associations... then they are subject to those restrictions.  This means that if you do violate a restriction, then the homeowner's association can seek to enforce the restriction... which could placing a lien on your home or seeking foreclosure. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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