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Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for New Jersey on
Q: Tax lien owner needs assistance with pursuing a foreclosure on a property that has been abandoned for more than 1 year

municipality refuses to declare property abandonded although it qualifies based on the guidelines under the njsa 55:19-55. property located in mullica township, NJ

Leonard R. Boyer
Leonard R. Boyer answered on Oct 15, 2021

N.J.S.A.  54:5-86(b)  allows public officer  or tax  collector  to  sign  certification  waiving two year  waiting  period  for  third party lienholder to foreclose  and gets abandoned property  foreclosed  faster and returned  to  tax rolls. Tax lien foreclosure has strict rules... Read more »

1 Answer | Asked in Foreclosure for California on
Q: I’m in CA. We’re 8 yrs behind on a 15-yr 2nd Mortgage taken out in 2004. Can they still foreclose if S.O.L is 4 yrs?

We’re trying to avoid foreclosure (auction in >1 week) on our 1st mortgage (30 yr, taken out in 2002, and 40+ months behind on payments). My bk hearing is coming up in a few days for a Chapter 13 BK, and the repayment plan is huge. I was hoping to strip off my husband’s second mortgage... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 11, 2021

Yes they can still foreclose. There is no such statute of limitations on secured debt. Talk to your chapter 13 attorney as to your options. If you cannot remove the lien in the chapter 13, you may have to pay to keep the home, or you may have to consider selling the house.

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: How long after winning foreclosure auction may I begin work.?

I purchased an abandoned foreclosure in Stark County IL on Sept 28th 2021. It was winterized by the bank in March of 2021. The door was open so I changed the locks. The roof is leaking and needs to be replaced asap. What risk is there in doing substantial work immediately?

Erik K Jacobs
Erik K Jacobs answered on Oct 8, 2021

I'm assuming that the sale has not yet been confirmed by the Court. You have a few different risks. First, Since the sale has not been confirmed, there is a chance, albeit a small one, that the Court will not approve the sale. Second, I am not sure whether you have had any title work run on... Read more »

2 Answers | Asked in Foreclosure for Maryland on
Q: Hello,I have been living/renting my home for over 4 years with the understanding of ownership

But now is going to be auctioned In the upcoming months can I stop it and pay for it

Mark Oakley
Mark Oakley answered on Oct 8, 2021

“With the understanding of ownership.” That will have to be clarified. Are you saying you have a rent to own contract with the owner? Your recourse will be contractual, and it will be against the owner/landlord, assuming you paid a premium above fair market rental value in order to secure a... Read more »

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1 Answer | Asked in Foreclosure, Entertainment / Sports, Gaming and Trademark for Georgia on
Q: I would like to get this company together for the first few months and then I’ll get it to up and running in no time

I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period

Linda Liang
Linda Liang answered on Oct 7, 2021

This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include... Read more »

1 Answer | Asked in Bankruptcy and Foreclosure for Alabama on
Q: I have received my court order immediate surrender of manufactured home letter by mail. What is the next step?

We don't plan to take any action to stop it and plan to move out fast as we can but its happening slow so how much time do we have before the sheriff comes out after the immediate surrender letter?

Timothy Denison
Timothy Denison answered on Oct 3, 2021

Varies greatly but probably 30 days, give or take.

1 Answer | Asked in Foreclosure and Probate for Oregon on
Q: i have a probate that went into foreclosure, what kind of lawyer do i need to go after the mortgage company?

when i took over my fathers estate the loan got sold to another company. the new com[any accepted 2 payments from me then denied me making payments for about a year, stating that i was not someone on the loan that could be talked to. it took me a long time to get the information from them that they... Read more »

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff answered on Sep 27, 2021

Dear Asker,

I would suggest someone in the debtor/creditor world who likes creative cases with a few complexities.

Options might be.

Keith Karnes,

Tim Eblen

Michael Obrien

You can google those names with "attorney" and you'll find...
Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for New York on
Q: I'm i obligated to property or home if im not the executer ie liens
Elaine Shay
Elaine Shay answered on Sep 20, 2021

Please try to ask your question more clearly for assistance.

2 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for New Jersey on
Q: my mortgage is held by my families estate, can they foreclose on my house if i missed a few payments sporadically.
Leonard R. Boyer
Leonard R. Boyer answered on Sep 19, 2021

Yes, they can foreclose at any time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, the sooner the better.

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2 Answers | Asked in Foreclosure for Tennessee on
Q: How can I obtain information on my home that was foreclosure. I need to know who was paid from the sale how much


Anthony M. Avery
Anthony M. Avery answered on Sep 7, 2021

Contact the trustee that conducted the sale. He will be the grantor in the deed to the highest bidder. Suing for a surplus is difficult but possible, usually on large land tracts.

But that might be the only way to get the trustee's attention.

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1 Answer | Asked in Foreclosure and Civil Litigation for Missouri on
Q: If my Hoa is entitled to 12% per annum interest but is charging me more than that, would I have a case?

I have been in a billing dispute with my hoa. They will not allow access to records or books as afforded in the bylaws. A previous tenant gave me a copy of the cleared check for a debt the hoa claimed had not paid. I requested access to the records they denied. They hired an attorney and racked up... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 6, 2021

The association’s declaration and rules & regulations govern.

You would “have a case” if you sue and a case number is assigned. If you don’t pay the disputed charge then I don’t know what damages you’ve suffered. If you do pay the disputed charge and then sue, you’ll...
Read more »

1 Answer | Asked in Foreclosure for North Carolina on
Q: My home is about to go into foreclosure the home I’m renting month to month , do I have to pay rent still

The landlord has to go to court on the 16th , the notice I got says he owes 72000 for 3 homes and if he didn’t pay it’s going into foreclosure

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 3, 2021

Yes, you still have to pay your rent. NC law does not allow tenants to withhold rent. If you do not pay rent, the current owner can sue you for the rent money (even though he has apparently not paid the mortgage). Since you are month to month, he can also terminate your lease with as little as 7... Read more »

1 Answer | Asked in Consumer Law and Foreclosure for California on
Q: I have a hard money loan for the house that i occupied! Is this ilegal? To give loan on this terms?
Leon Bayer
Leon Bayer answered on Aug 26, 2021

I think there are initially two issues. What makes you feel this loan is illegal? And, exactly what did you say on the loan application?

Hard money loans are not automatically illegal but normally are made to persons who own a business and are intended for business purposes instead of...
Read more »

2 Answers | Asked in Bankruptcy and Foreclosure for Georgia on
Q: Hello, I have a question related to bankruptcy and home ownership.

I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Aug 23, 2021

Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to... Read more »

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1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Georgia on
Q: The indenture date on the deed under power has the 3rd Tues, shouldn't it be dated the 1st Tues to be a forclosur sale?

The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.

Can a lender avoid going to the court house steps & sell/foreclose on... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

Your second paragraph is answered "It depends." The devil is in the wording of the documents.

The first paragraph does not ask a question.

If your question is only one question involving both paragraphs, again the answer would be "It depends."

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Party needs to cancel its own MTD hearing does a notice to cancel need to be filed or is it better to withdraw motion?

If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?

Timothy Denison
Timothy Denison answered on Aug 10, 2021

Either way Wil be fine.

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Texas on
Q: I'll shorten down my question that I asked earlier should I file for a quit claim deed playing adverse poss or what?

I just want to be able to have a place to lay my head I don't need a lot I don't care if I have to go without electricity or water this is all I have left of my family is this house all my family's deceased I've either buried or cremated 98% of my family in the last 10 years I... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

It sounds like you are having difficulty paying the mortgage and are trying to avoid foreclosure. A quit claim deed won't help in that situation (it doesn't even convey the land in Texas, and should virtually never be used).

An adverse possession claim is a way of acquiring...
Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Civil Rights for Kentucky on
Q: Can I sue seller of land contract for my equity in my home ; Foreclosure filed

Purchase price. $132182

Cash down. $43082

Payments $23160

Appliances $ 3850

Balance. $65940. TOTAL EQUITY

Seller started Foreclosure suing me $11000

Non compliance House Insurance

Non... Read more »

Timothy Denison
Timothy Denison answered on Aug 5, 2021

The claim against the seller belongs to your trustee in bankruptcy.

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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: how long would a short sale take approx (months) in Pennsylvania if you have a 1st & 2nd mortgage and a lein on average?

Allegheny county

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 4, 2021

To complete a "short sale", you need to procure the consent of the mortgage holders. Both of them, because your buyer will want to take legal title free of all liens and encumbrances. In other words, you need to persuade both lenders that the best way for them to be repaid is from a... Read more »

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2 Answers | Asked in Foreclosure for Florida on
Q: Can my husband be sued by the bank in PR, for my mother in-laws failure to pay her mortgage? We live in the US.

My father in-law passed away last September and for reasons unknown my mother in-law stopped paying her mortgage. The bank has filed a lawsuit against her, but has also named my husband and his two brothers in the suit. I am not familiar with the laws in Puerto Rico but fail to see how we can be... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2021

You should ask this question in Justia > Ask a Lawyer > Puerto Rico > Foreclosure, because it is a question of Puerto Rican law, not Florida law. But I would guess that he is being sued in case he might claim some interest in the property, not to make him pay. You indicate that you are... Read more »

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