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Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: I need to foreclose on a home mortgage I hold. I hope to get a deed in lieu of rather than have them go through the for

closure process. The deed says that the trustee will get a 5% commission on the proceeds of a foreclosure sale. What will he be entitled to if I do get the deed in lieu of?

Ben Corcoran
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Ben Corcoran
answered on May 3, 2024

By doing a deed in lieu, you are releasing your lien and will have to file a release with the register of deeds.

No foreclosure proceedings will commence, so the trustee will not be compensated.

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: How do I file a dismissal on a final judgement/forclosure? I have proof of coercion from plaintiff. What form is used??

How do I request a hearing with the Judge to show that Plaintiff (my mom), who was granted final judgment. Plaintiff utillized coercion to keep me quiet. She sent text messages to my sister saying if I dont sign over the deed she will make it her job, day in and day out to have my son taken from... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 2, 2024

This is not a do-it-yourself project. Your description of how this is being handled calls into question your ability to protect your home from being foreclosed. Consult with a local foreclosure defense attorney as soon as possible.

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0 Answers | Asked in Foreclosure for Maryland on
Q: WHAT IS A ED DOCUMENT FOR SUCCESSOR OF INTEREST

I WAS LEFT A HOUSE IN A WILL THE HOUSE WAS PRQUEATH TO ME . THE DEED HAVE ALREADY BEEN PUT IN MY NAME . THE MORTGAGE INC INFORMED ME THAT I NEED ED DOCUMENT . PLEASE CAN YOU CLARIFY WHAT IS A ED DOCUMENT

0 Answers | Asked in Foreclosure for North Carolina on
Q: I am holding a mortgage on a home in NC. I need to foreclose and I am hoping they will give me a deed in lieu of

rather than go through the foreclosure process. The attorney that drew up the mortgage deed appointed himself as Trustee on the Deed of Trust. I need to know what happens to his promised commission of 5% of a sale if the above happens instead.

2 Answers | Asked in Foreclosure for California on
Q: If I have a hard money lender and about to be foreclosed on is there any legal way or loop hole to get out of loan?

I got deceived by hard money lender and I need to be able to keep my home is there any ucc article 9 or security fraud that may relieve me of the hard money loan or two liens for home improvements from bad contractors

James L. Arrasmith
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answered on Apr 28, 2024

I understand that you are in a difficult situation with your hard money lender and contractors, and are looking for potential legal options to avoid foreclosure and keep your home. While I can provide some general information, please know that this is a complex legal matter and you should... View More

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1 Answer | Asked in Foreclosure, Civil Litigation, Collections and Probate for California on
Q: My mom died 3+ years ago w no will or trust. There's a mortgage but husband hasent paid.

Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it

James L. Arrasmith
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answered on Apr 27, 2024

I'm sorry to hear about your situation. Under California law, if your mother passed away without a will or trust, her estate, including the property, would need to go through the probate process. Given that your mother's husband signed an interspousal transfer deed, it's likely that... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Getting out of a bad mortgage with little to no damage to credit.

My husband and I bought a house in 2022, we bought it while in a different state so we never saw it in person. They needed to fix the foundation before the sale could go through and when they did it caused a lot of damage to the house, plumbing was detached and ruined, the chimney detached and... View More

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

Assuming your Lender is not the same person or entity as the Seller, your best strategy to avoid harming your credit is to sell the house "as-is" to an investor and pay off the mortgage. Given the problems you describe, you will likely lose much of your equity and may even have to pony... View More

0 Answers | Asked in Landlord - Tenant and Foreclosure for Arizona on
Q: What happens to a tenant with a current lease if the property is foreclosed upon in Yavapai county AZ?

The property is owned in an LLC, the tenant has a lease through 2027.The foreclosure Auction happens tomorrow.

0 Answers | Asked in Foreclosure and Civil Rights for Colorado on
Q: Hello, I am a resident of Kansas & have a timeshare in Breckenridge. The HOA's are unpaid and Summit Co filed a suit.

A few years after my husband passed away, I no longer had the resources to pay the maintenance fees. Do you represent for matters such as this?

1 Answer | Asked in Foreclosure for Texas on
Q: What do attorneys do when someone is facing foreclosure by the HOA.
John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If there is a valid ground to contest the foreclosure, an attorney likely would file an application for a temporary restraining order and temporary injunction as part of a declaratory judgment action seeking a declaration that the HOA does not have valid grounds to foreclose on the property.... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Indiana on
Q: is there a limit on the amount of fee that can be charged to the owner of a tax sale property when claiming the surplus

by a third party/bounty hunter company?

James L. Arrasmith
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answered on Apr 18, 2024

The laws regarding tax sale property surplus funds and the fees that third-party companies can charge for assisting owners in claiming those funds vary by state and jurisdiction. Many states do have limits on the fees that can be charged, but the specifics differ.

For example:

1. In...
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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Illinois on
Q: How to foreclose or evict someone that’s breached contract for deed terms

Failed to fix heat pump, roof is missing a shingle after storm, has tires stacked in yard, window unit has ruined wood siding, built a pallet fence connected to porch, removed spindles from railing to put a board as a ramp for animals without permission, and who knows what inside the house will not... View More

James L. Arrasmith
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answered on Apr 16, 2024

I apologize that you're dealing with a difficult situation with your contract for deed purchaser. However, I want to be very careful about providing advice, as the legal process for addressing breaches and pursuing eviction or foreclosure can be complex and varies by jurisdiction. The best... View More

0 Answers | Asked in Foreclosure and Real Estate Law for Wisconsin on
Q: I am looking for an Real Estate attorney who focuses on foreclosure law, recover excess funds from a foreclosure

Someone who has experience with the process of submitting claims to recover funds generated from tax sale or mortgage foreclosure. For restrictions or any laws against in the state of WI, and laws against working with a Third-party company.

1 Answer | Asked in Foreclosure for Tennessee on
Q: After not appearing in court the planet won the case for a width of possession in Tennessee . Does the defendant get not

Is the defendant get notified of the witt of possession for the day start counting down in Tennessee or does the sheriff come out and give them written notice of the action and comes back or what happens next in the state of Tennessee

Anthony M. Avery
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answered on Apr 3, 2024

Defendant is not entitled to anything. Sometimes the Sheriff will contact occupant and tell him to leave prior to execution of the writ. Otherwise Sheriff shows up when he wants to and physically removes occupant, who will be arrested if he returns.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: My home is in foreclosure process, but title has not been given over to the lender by the court. Am I able to sell.

I may need to sell for less than what the bank has as payoff amount.

Michael David Siegel
Michael David Siegel
answered on Apr 2, 2024

What you want to do is a short sale. The bank needs to approve it. Likely not worth your time or money.

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1 Answer | Asked in Foreclosure for North Carolina on
Q: Foreclosed house, auction set, bank says I can sell before auction. Can the bank force separated wife to sign contract?

We’re separated and both are on loan, she has refused to assist and pay mortgage and without her participation and income help house fell into foreclosure. Auction sale has been set for 60 days out but bank says house can be sold before the auction but separated wife will not agree to sign any... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 2, 2024

Unfortunately, no Bank can force your ex to sign the necessary paperwork for the sale. The time for getting a Judge to do that has passed, and whether or not that was possible depends upon the equitable distribution/separation agreement that you and your ex had in place. I assume that's what... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More

2 Answers | Asked in Foreclosure and Tax Law for North Carolina on
Q: When my mom died in 2016, her home was foreclosed. Can the county charge me with 2016-2023 taxes after foreclosure?

There was no will, no estate per se. Now that county is saying I owe taxes on a home that was foreclosed and sold in 2016.

James L. Arrasmith
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answered on Apr 1, 2024

I'm sorry to hear about the loss of your mother and the difficult situation you're facing with the county regarding taxes on her foreclosed home.

In general, when a property is foreclosed and sold, the new owner becomes responsible for the property taxes from the date of the sale...
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2 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage?

Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage? I believe this language is in a sample/template/boilerplate somewhere because the protection will be the virtually the same in every case. I would like to draft my Living Trust... View More

James L. Arrasmith
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answered on Mar 29, 2024

Finding HUD approved language for incorporating into a Living Trust, especially to protect both the lender and the HUD insured Reverse Mortgage, can be a focused task. Generally, such language is detailed in HUD's guidelines or provided by legal resources familiar with real estate and elder... View More

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