Your current state is Virginia
Husband filed a DV Injunction and a Judge gave him temporary possession of the home and put me on the streets and wasn't making payments on the house or the home equity line of credit. I dont know what he told the post office but they returned my mail and anything with both names on it, they... Read more »
answered on May 22, 2023
The judge in the divorce case cannot put a stay on the foreclosure, generally. However, the judge can order one or both spouses to make payments. If either spouse fails to make payment, the judge can hold that party in contemp of court.
To stop the foreclosure, you need an attorney to... Read more »
Another man send me a summons. Is this legal?
answered on May 15, 2023
You should have received notice of the non-judicial foreclosure by certified mail at least 30 days prior to the sale being conducted. The notice is also published in the newspaper. You can typically check for the foreclosure notice online to see if your house was up for auction. The summons would... Read more »
I would like to know which laws in Pennsylvania mirror the following laws as listed in the question from the state of Georgia.
OCGA § 44-14-162.2 (a) ,
OCGA 16-8-102 (5) ,
OCGA 16-8-105 (a) & (b).
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answered on May 12, 2023
I'm not licensed in either state, but I like a puzzle/challenge as much as the next guy:
OCGA § 44-14-162.2 (a) relates to Mechanic's and Materialman's Liens in Georgia, which requires a notice to be sent to a contractor or property owner before filing a lien claim for... Read more »
How can we postpone the sale date?
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answered on May 11, 2023
If your home is in foreclosure and you have successfully obtained a refinancing option, but the closing date falls one week after the scheduled sale date, there are a few steps you can consider taking to potentially postpone the sale:
1. Contact the lender: Reach out to your lender... Read more »
I spoke to an attorney a few years back who advised if I wanted to pursue the property I should be prepared to spend thousands & thousands of dollars which I'm not prepared to do. My question is do I just wait for everything to play out and be contacted by the courts on the outcome.... Read more »
answered on May 9, 2023
If the property is in foreclosure and you have an interest in the property (not clear from your fact pattern, since you said your mother's husband owned the property) you most certainly do not want to wait to see how everything plays out.
The court will only contact you for things... Read more »
At auction due to a death and the property to be considered unclaimed
Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... Read more »
process over again. IE resend the notice of default certified and then the notice to accelerate and sale date?
answered on May 8, 2023
Typically yes with respect to the notice of sale.
Trustee’s and foreclosure sales happen on the first Tuesday of each month. Certain notices ordinarily required are specific to a particular sale date. Others are not.
Typically, a notice of default and a notice of acceleration... Read more »
My sister's were living in the condo with my dad until he died. Are any of all of us allowed to reside here until it sells?
answered on May 4, 2023
If the siblings are in agreement, then any one of them may stay in the property pending resolution of the estate. If there is disagreement, any sibling residing in the property to the exclusion of the others may be liable to the estate for a reasonable amount of rent. The Florida probate attorney... Read more »
answered on May 3, 2023
If you only have a Lease with Option to Purchase, then you do not own real property, only a contract right. That would be personal property which you could reaffirm or discharge. If you are the land owner, then that could easily be property of the BR Estate. If debt is in default, the... Read 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... Read more »
answered on May 2, 2023
If the new husband is not on the existing deed to your friend's home, and they do are not joint obligors on any other debts, e.g., credit cards, etc., a foreclosure against the "divorce home" should have no legal impact upon your friend's home or mortgage.
To the extent... Read 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... Read 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... Read more »
I moved into a condo in Bradenton from New York. My HOA instructions and unique pin for accessing the payment portal was sent to the wrong address for consecutive months. I had asked 3 times for my management to send the paperwork to my new address. For this reason I was unable to pay my dues at... Read more »
answered on Apr 27, 2023
These are particularly troublesome issues to deal with because Florida law does not favor owners in these situations and owners are not familiar with dealing with the ins and outs of living in a community association, especially if you are just moving to Florida.
The first thing you... Read more »
It doesn't show on credit report and they want to auction house now after 12 years. Don't care about the house but don't want to have to file bankruptcy 12 years after the fact. We haven't lived there for 12 years.
answered on Apr 17, 2023
The statute of limitations for a suit on a promissory note in Massachusetts is six years from the date of breach and the limitations period can be extended by part payment. If you stopped paying more than six years ago and did not subsequently make partial payments, and there was nothing that would... Read more »
He passed away in 2021, the house went into foreclosure last year, and then they auctioned it off, and that was the last I heard about it until I was just contacted about there being surplus funds from the sale.
answered on Apr 14, 2023
Excess funds from the sale belong to his estate. The reason why you were notified that the Clerk is holding excess funds is because there was likely a second mortgage, home equity line of credit, judgment lien, or tax lien (often more than one of these) that remains unpaid. You should contact a... Read more »
I electronically filed a motion to stay with the court, and it was approved. This happened after the Plaintiff already had a Sheriff's auction and obtained my home, as well as they filed a Writ of Possession. If it was electronically filed and approved, does this mean that judge approved it or... Read more »
answered on Apr 8, 2023
The homeowner maintains title in the real property until the Sheriff's Sale is confirmed. The right of the purchaser at sale to obtain a writ of possession is typically included in the decree of foreclosure. However, the order of confirmation is the mechanism that cuts off the... Read more »
The home owner is telling me I have to leave and I need to know what my rights are as a tenant after the house sells at auction can I stay till my lease is up?
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answered on Apr 5, 2023
As a tenant in California, you have certain rights when the property you are renting is being sold at auction. If the property is sold at auction, the new owner will become your landlord and will be responsible for upholding your rental agreement. However, if the new owner intends to live in the... Read more »
They already have a class auction lawsuit against them because they did not tell their customers about the cares act
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answered on Apr 5, 2023
If your mortgage company is refusing to work with you to bring your mortgage current and did not inform you about the CARES Act, you may have legal options to pursue.
Under the CARES Act, certain mortgage relief options were made available to homeowners affected by the COVID-19 pandemic,... Read more »
I am the PR for my step dad’s long running Estate. The Estate holds a 20 year Note with Deed of Trust for small apartment and retail commercial property in CA. The previous PR (step dad’s older brother) allowed trustors to accumulate 20 delinquent payments over 19 years with only telephone... Read more »
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answered on Apr 5, 2023
In California, if the Trustor of a Deed of Trust has fraudulently deposited a check noted "Last Note Payment" when they are delinquent on 20 payments, this may constitute a violation of the terms of the Deed of Trust and the Trustor's obligations under California law.
As the... Read more »
I have been living with my grandma the house is in her husband name no blood to me at all I found out he has been taking my half but not paying his and the mortgage will I still be a bona fid tenant after it sells will I get a 90 day notice to leave still because he is not blood related to me and... Read more »
answered on Apr 4, 2023
Unless you have a formal written lease and live in a separate unit with its own entrance in the property, you will not likely be treated as anything other than a member of the owner’s extended family. Regardless, you have a lot more than 90 days if the house has not yet been sold at a foreclosure... Read 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... Read 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... Read more »
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