Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back whatever the owner owned, such as mortgage lien, mechanic lien or tax lien? Is the title not supposed to free and clear?
I asked around, some people tell me I am responsible... View More 
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answered on Jan 20, 2024
I agree with Attorney Winterstein's answer and would add that consulting with an Attorney and with a Title company to research the liens is extremely important. They will know what to look for. If you are a novice, you may miss liens that you could end up being responsible for. If the... View More
I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More
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answered on Sep 3, 2023
For Federal Exemptions to apply you would need to be in Federal Court. Pennsylvania has exemptions for levy's and garnishments that a Pennsylvania attorney can advise you of. You should speak with a Pennsylvania attorney in Bradford County so they can assist you with your rights. Since you... View More
One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... View More
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answered on May 2, 2023
I agree with Mr. Winterstein. Since your friend is not an obligor on the Mortgage the Foreclosure will have no legal effect on her individually. However, if there is a deficiency after the foreclosure and the lender seeks to enforce it against her new husband it could have effects on the... View More
My mom died intestate with a mortgaged home the lender sold portfolio of mortgages and in paperwork it showed owners death certificate but didn't show any documents of the 3 heirs so now the new mortgage co. Is trustee and said they need our birth cert. And signed quit claim deeds from the 3... View More
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answered on Apr 1, 2023
You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator... View More
Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .
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answered on Feb 13, 2023
Judgments become liens on all Real Property the person owns in the County where the Judgment is recorded. Judgments need to be renewed every 5 years to retain the lien and its priority against the Real Property. You should contact an attorney that has experience in Real Estate and Foreclosure Law... View More
Father passed away in 2017. I was named the sole executor and beneficiary in his will. The will explicitly outlined this property as belonging to him and being left to me in the case of his death. Suddenly a silent business partner that walked away four years ago exerts that he is half owner of the... View More
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answered on Dec 2, 2022
Dear Executor, without more details it is difficult to give you an answer as to what recourse you may have. That aside you are the Executor which means that you step into your Father's shoes regarding the disposition of his assets. The attorney that represented the Estate should have... View More
I called and they said that I owed money to Wells Fargo regarding an account at Wachovia 30 years ago, I think. They said that they could take me to court so what once was $300 of outstanding debt, give or take, is now $4000 with penalties and fees and lawyers fees. But they will settle for $1200.... View More
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answered on Nov 1, 2022
Barry is correct. Sounds like a scam. The Statute of Limitations for debt collection cases is normally 4 years, unless the instrument (usually a mortgage note), is signed under seal and then the Statute of Limitations is 20 years
We currently have a buyer. Sheriff doc indicates Active (p).
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answered on Aug 8, 2023
Is this the Sheriff Sale date or have you just received/been served with a Complaint in Foreclosure?
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answered on Jul 26, 2023
No, but you could hire me to assist you. Or, I recommend that you hire a licensed attorney. Otherwise, I wish you the best of luck in your endeavors.
I could owe them over 20,000 after they sell it, moved to much equity to high interest loan in 2019. During the pandemic I skipped payments basically still owe what I paid for it. Are the chances of a lawsuit from them high?
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answered on Jul 6, 2023
I agree with Attorney Claus you could be subject to a deficiency action after you surrender the vehicle. There are many factors that determine if a deficiency action will be brought. To be certain about the amount you will be liable for and to have finality with the transaction a voluntary... View More
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answered on Jul 6, 2023
If you are proceeding Pro-se in a Mortgage Foreclosure I recommend that you retain an experienced Attorney to assist you. Attorney's are familiar with timelines and can provide you the guidance you need to navigate this process.
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answered on Apr 27, 2023
Without more information on your particular financial situation it is not possible to give you a complete answer. Regarding your Social Security payments they are protected from collection. You may have other assets that they can attach so you will want to contact an attorney with experience in... View More
The mortgage payments have been getting paid I just want to get away from the person and rid of house ..
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answered on Feb 27, 2023
Short answer is that a mortgage must be satisfied before you sell the house or satisfied at closing. If the mortgage is not satisfied the purchaser will be buying the house subject to the recorded mortgage lien. Please feel free to call my office if you have additional questions.
my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... View More
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answered on Nov 1, 2022
Without more information I can't give you a complete answer. There are several options depending on what the documents say. You should contact an experienced Real Estate/Foreclosure attorney to go over the documents and provide you with possible solutions.
Years. And I executer relieved foreclosure papers today. If we want the house to be in both of our names what do I have to pay in taxes and is it split considering his mom is heir? What are the taxes based off of? What assessment does it come out of if none has been done since 13
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answered on Sep 29, 2022
You said you have been served a foreclosure action. You have to respond to this Court Action as soon as possible. You have 20 days to object to the complaint and 30 days to file an answer and new matter. If you fail to respond properly the Bank attorney can file for a default judgment. If... View More
35 Pa. Stat. § 1680.403c(a) “Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at this or her last known address the notice provided in subsection”
12 Pa. Code § 31.203(a)(6)(i) "The notice shall be sent to the last known address of all... View More
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answered on Sep 20, 2022
A challenge to the proper service/receipt of the ACT 91 Notice is point of contention in most foreclosure actions that are being defended. These challenges are very fact specific and the Courts want the Defendant to show certain things in order for them to prevail. The reason for this is that... View More
I have been making monthly payments since June of 2020. Never missed a payment. Now they are suing me because my payments aren’t high enough. They said I have to agree to an amount I can’t afford or take my chances in court and hung up on me.
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answered on Oct 4, 2022
Always get the payment agreement in writing. This is important because accounts are often sold and if you have an agreement with one company and it isn't in writing you won't be able to hold the next company to the same agreement.
Home, that I cared for for years but had to go to a nursing home and she had a reverse mortgage on the home and is now in foreclosure and so I will need to find a place to live or buy the property at forclosure? Is that my only option?
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answered on Sep 6, 2022
There are specific rules regarding the purchase/repayment of the reverse mortgage by a family member. If the reason for the foreclosure is that your Grandmother is in a Nursing Home the contract should have provisions that cover this situation. It could be dependent on her status and whether it... View More
Does this violate the FDCPA
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answered on Aug 28, 2022
They are telling you that they are accepting your verbal request for verification of debt. Within that 30 days they will likely mail you a copy of verification of debt. After they provide you with the required information they may or may not give you a follow-up call. They may start litigation... View More
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answered on Jun 27, 2022
In Pennsylvania when you buy a foreclosure property and either the former owner or the former owner's tenant has possession of the property you have to file an "Action in Ejectment". This is filed in the Court of Common Pleas unlike a regular Landlord Tenant case which is filed with... View More
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