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Foreclosure Questions & Answers
3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: I purchased house from county auction. It was foreclosed house. Three months later second mortgage showed up.

Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... Read more »

Jane Kim
Jane Kim PRO label
answered on Jan 25, 2023

When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.

Here, it sounds like you purchased and took possession of the...
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2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... Read more »

Richard Diamond
Richard Diamond
answered on Jan 25, 2023

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... Read more »

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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: I entered into a bad land contract deal and I need help- the title company signed the deed over amongst other things

I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... Read more »

David Soble
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David Soble
answered on Jan 24, 2023

The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... Read more »

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1 Answer | Asked in Foreclosure for Arizona on
Q: Help needed regarding house we have occupied for 3 years, with deceased owner (no heirs) going into foreclosure.

4 years ago, owner passed away (no will/heirs). We made payment to lender until 3/2021 at which time, payment was refused (we now know, due to lender selling loan). Property is now in foreclosure and due to be auctioned 3/15/23. Property is worth $150,000. Loan is $20000.

Diane L. Drain
Diane L. Drain
answered on Jan 22, 2023

I don't see a question here. From your description, you do not own the house, the payments have not been made, and the lender is foreclosing. Which they have a right to.

1 Answer | Asked in Foreclosure, Real Estate Law and Bankruptcy for California on
Q: My brother passed away in 2020; we were joint tenants on his house, I now own; Has his mortgage loan extinguished?

My brother purchased his home in 2002. He filed ch 7 bankruptcy; all debts discharged 7/8/11. On 12/14/09 he executed a Quitclaim Deed and made me a Joint Tenant with him on his house. I did NOT sign a reaffirmation agreement on his mortgage loan.

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Michigan on
Q: Why would my HOA refuse to accept payments?

I did not pay my HOA dues for 2 years. My fault completely. I received a foreclosure filing over $725. The filing attorney wants $2,100 for filing what should have been a small claim.

I sent an email to the HOA explaining that I would be sending 3 payments to cover the past due. They sent... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2023

You need to be in contact with your own attorney pronto. Whether it's necessary or insane isn't the question; is it legal? People lose houses for unpaid water bills and taxes that equate to a fraction of the home value. Likely, one of the remedies available for breach of contract for... Read more »

2 Answers | Asked in Foreclosure, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Which type of attorney handles cases relating to suing the city for negligence against residential inhabitants?

The city has allowed warehouses to box my house in on all four sides and for the past few years, it has been a living hell with warehouse owners, construction workers, and big rig drivers, noise, etc. My children can no longer be outside to play. I tried Personal Injury attorneys, but they said... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 17, 2023

This is a question for real estate and zoning attorneys. Good luck.

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1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Personal Injury for Ohio on
Q: Is the surviving male child of the decedent's deceased brother's deceased daughter referred to as the Great Grand Nephew
Aaron Epling
Aaron Epling
answered on Jan 17, 2023

I'll refer you to the table of consanguinity.

https://heirsearch.com/wp-content/uploads/2019/06/consanguinity_chart_web.pdf

1 Answer | Asked in Consumer Law and Foreclosure for New York on
Q: Attorney familiar with mortgage foreclosure, title, and mortgage servicing violations

Federal case- violations by mortgage servicer, of RESPA, QWR, NOE and more- also, lacks standing due to missing along and assignments

Carl Nelson
Carl Nelson
answered on Jan 12, 2023

You did not ask a question that can be effectively answered on this Q&A page. The attorneys on this page who answer user questions about foreclosure will all likely practice in this area. If you are searching for an attorney, you should be able to identify one here or perhaps through a Google... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Texas on
Q: Someone altered a unpaid promisary note and filed a mortgage on my home

What do I need do do to get this unpaid mortgage realeased

John Michael Frick
John Michael Frick
answered on Jan 9, 2023

In Texas, the common practice is to use a deed of trust to secure a mortgage loan. The deed of trust must be sign by the homeowner which, in this case, is you.

If you did not sign the deed of trust and someone forged your signature, you should file a declaratory judgment action asking the...
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1 Answer | Asked in Bankruptcy and Foreclosure for Kansas on
Q: If my husband filed bankruptcy and it was dismissed without prejudice and we file jointly now, will the automatic stay

Only apply to me? Will I get the full stay? Or if it doesn't can I file alone and get it?

David Luther Woodward
David Luther Woodward
answered on Jan 8, 2023

Your bankruptcy lawyer can answer that more accurately than someone on a Q&A site like this. The re-filer needs to ask to have the stay reimposed, but the new filer doesn't. How the court handles it will to a large extent depend on the district you are in and who is your judge.

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1 Answer | Asked in Foreclosure for New Jersey on
Q: In NJ, are the 35 days to respond to a notice calendar or business days?

I am currently working with loss mitigation and have proof. However, I recently submitted paperwork and I am waiting on the notice that would stop further legal action

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 7, 2023

There is no such notice. From the time a foreclosure complaint is filed, you have 30 days to file a Contesting Answer, Affirmative Defenses, and Counterclaims. Trying to represent yourself is a dangerous game. You are emotionally involved and you are not a trained mortgage foreclosure defense and... Read more »

2 Answers | Asked in Bankruptcy and Foreclosure for Kansas on
Q: Can I file bankruptcy to stop a foreclosure if I am the spouse. The judgement from the bank is in both our names.

The mortgage is only in my husband s name

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 6, 2023

If you are named on the deed, you have a legal interest in the home that the bankruptcy stay will protect.

Even if you are not named on the deed, the fact that you live in the house (assuming you do), then you have at least a possessory interest in the home that is also protected by the...
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1 Answer | Asked in Foreclosure, Real Estate Law and Legal Malpractice on
Q: What des it mean when money is held in trust by a law firm

I defaulted on my mortgage, so it went to a legal firm. I paid more than 5000 to a legal firm as part of a payment proposal that never came to fruition. I ended up in court and a year later have to get my mortgage up to date. 5500 dollars is being 'held in trust.' what does this mean?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 3, 2023

It appears that you need to examine your agreement with the so called "legal firm", which I am assuming is in writing. Most likely they are supposed to take the money out of trust and pay off the mortgage debt, after subtracting their fees. There may not be enough to payoff the... Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Missouri on
Q: My parents passed with no will and the house still has a mortgage. How do I get the title in my name? I want to sell it.

The house is currently in the foreclosure process but the attorney for the mortgage company said I should still have time to try and sell. How do I get the house put in my name? What documents will I need? Should I get a lawyer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 3, 2023

First and foremost, I am very sorry for your loss.

As for the house, even though your parents did not have wills, you can start a probate action to be appointed the personal representative of each of their estates. As personal representative, you will have authority to offer their home for...
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4 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does bankruptcy court have jurisdiction regarding a state judgment of foreclosure that is void?

Refinance was canceled 8 years ago, and lender was allowed to proceed with void mortgage and note in state court.

Scott L. Lanin
PREMIUM
Scott L. Lanin
answered on Dec 28, 2022

If the state court issued a judgment of foreclosure, even if you believe that the note and mortgage were somehow void, your remedy would be to challenge that judgment in that court with a motion to reargue or an appeal to the higher state court. If you try to collaterally attack it in a bankruptcy... Read more »

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2 Answers | Asked in Foreclosure for New York on
Q: A judge had a court order for the other party to do by the next court Date on the next court dates it was adjourned

5 more time and then that judge that gave the order was no longer the judge and the new judge ignored the previous judge order saying it’s wasn’t on e- filing to review and then did a summary judgment

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

You did not ask a question. If you are unhappy with the progress of your case, that is understandable given the situation you described. But other than the fact of several adjournments and a summary judgment ruling against you, you have not presented any facts which an attorney can analyze. Just... Read more »

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2 Answers | Asked in Foreclosure, Bankruptcy and Real Estate Law for Kentucky on
Q: Hypothetically Is there a way to take over someone’s home and loan, (including loan interest rate)

hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 22, 2022

She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.

Re you taking over, that is something you would need to request...
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1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: Thank you for responding. My lawyer-motion to lift stay, his lawyer-requests denial. Can I respond to the court trustee?

I just wanted to clear up what I was asking. His bankruptcy is not yet approved and trustee is recommending it not be granted due to lack of income because he has not submitted the documents she asked for yet. (Schedule C, 3-months P&L, and complete tax return. I log on to Pacer at least once a... Read more »

Timothy Denison
Timothy Denison
answered on Dec 18, 2022

Yes. You can file your own response to the trustee but you are pretty much protected either way.

2 Answers | Asked in Foreclosure and Probate for South Carolina on
Q: My mom died intestate and no creditors filed a claim, 4 yrs later a foreclosure was filed. Does the 1 yr bar apply?
D. Nathan Davis
D. Nathan Davis
answered on Dec 16, 2022

If the creditor had a properly filed mortgage and money was still owed, the creditor can file a foreclosure action. If the foreclosure does not net enough to satisfy the amount owed, no deficiency can be claimed by the creditor.

Be sure to have a lawyer look at the mortgage and the...
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