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Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for California on
Q: My father passed away and I have a total of 2 brothers and 2 sisters. My dad had a Mortgage and I need some help.

I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?

James L. Arrasmith
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answered on Jan 31, 2024

To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: How do I go about assuming the mortgage of my deceased Uncle's home, which is in foreclosure.

I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More

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2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: How do I go about assuming the mortgage of my deceased Uncle's home, which is in foreclosure.

I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More

James Clifton
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James Clifton
answered on Jan 31, 2024

There are several questions that you have posed. The answer to each one is outlined below.

Can I assume the mortgage for the balance due? On a reverse mortgage, you cannot assume payments, so this will not be an option. You will need to pay off the mortgage balance in cash or get a loan to...
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1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: How does AZ/Santa Cruz County law deal with foreclosure of a property when tax liens are owned by multiple parties?

Let's say I purchase a tax lien on a property that has tax liens from 5 prior tax years owned by someone else. How does foreclosure work in this situation?

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, particularly Santa Cruz County, when there are multiple owners of tax liens on the same property, the foreclosure process works as follows:

1. The most recent tax lien takes priority. So in your case, you as the most recent tax lien purchaser would have the first priority...
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1 Answer | Asked in Divorce, Foreclosure and Family Law for Virginia on
Q: Is my wife responsible for the foreclosure of her ex-husbands house if she waived all housing rights when she divorced.

The reason for the question is that he passed away before the foreclosure. As I said, she waived all housing rights in the divorce agreement, but it seems as though she'll have a "foreclosure" on her record if we don't sort this out. My understanding is if she's susceptible... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 24, 2024

If the mortgage loan and title to real property in Virginia is joint, then both spouses have rights and liabilities. If one spouse will receive the real property incident to a divorce, that spouse should be required to sell or refinance the property in order to remove the other spouse from his or... View More

1 Answer | Asked in Foreclosure, Personal Injury, Real Estate Law and Tax Law for Washington DC on
Q: what is the formal petition for a writ of distrangas; contempt, here in washington dc?
James L. Arrasmith
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answered on Jan 22, 2024

A writ of distringas, also known as a writ of distress, is a legal order used to seize a debtor's property to satisfy a debt. In Washington, D.C., the process to file a petition for such a writ involves presenting your case to the court, demonstrating the existence of a valid debt and the need... View More

3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Civil Rights for California on
Q: I have cousins trying to to take my house that was left to me in a will by my grandma via notary Is that possible?
James L. Arrasmith
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answered on Jan 21, 2024

In California, if a property is bequeathed to you in a will, your right to the property is generally protected. However, the validity of the will itself can be contested. If your grandmother's will was properly executed and notarized, it typically stands as a valid legal document.

Your...
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3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Civil Rights for California on
Q: I have cousins trying to to take my house that was left to me in a will by my grandma via notary Is that possible?
Julie King
Julie King
answered on Jan 21, 2024

Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to... View More

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2 Answers | Asked in Foreclosure for Pennsylvania on
Q: Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back any lien?

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

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 20, 2024

When a piece of real property is foreclosed and put up for sheriff's sale, the lien that is foreclosed (it may be a first mortgage, junior mortgage, tax lien, or other statutory or judgment lien) will be paid from the bid at the sheriff's sale. So will tax liens, and so will the... View More

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2 Answers | Asked in Foreclosure for Pennsylvania on
Q: Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back any lien?

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

David Kennedy Bifulco
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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

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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

James L. Arrasmith
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answered on Jan 19, 2024

As the executor of your father's estate in California, dealing with a non-paying buyer in a seller-financed property sale, you have several legal options. Since your father was carrying the note, the estate essentially steps into the role of the lender.

Firstly, review the terms of the...
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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

T. Augustus Claus
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answered on Jan 19, 2024

As the estate executor for your deceased father, if the individual who purchased the property has not made a mortgage payment in over four years, you may have legal options to address the situation. First, review the terms of the sales agreement and the promissory note to understand the specific... View More

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1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for Texas on
Q: Mother died with a mortgage. No will. Heavy debt. I DO NOT want her house. M/C is suing me for mortgage. What do I do?

I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.

Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.

John Michael Frick
John Michael Frick
answered on Jan 9, 2024

You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.

If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole...
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2 Answers | Asked in Bankruptcy, Foreclosure and Banking for Mississippi on
Q: If a car is returned to the bank, can they take social security money in a checking account?

The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 3, 2024

Social security benefits are generally exempt under most if not all state laws, so general creditors cannot use the court systems to capture your benefits.

Most banks are federally chartered, or are insured by the FDIC, and because of that, tend to comply with federal law and requirements....
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2 Answers | Asked in Bankruptcy, Foreclosure and Banking for Mississippi on
Q: If a car is returned to the bank, can they take social security money in a checking account?

The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.

James L. Arrasmith
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answered on Jan 3, 2024

If you return a car to the bank and still owe money on it, the bank may try to recover the remaining debt. However, Social Security funds generally have protections against most types of garnishment.

Under federal law, Social Security benefits are protected from garnishment for most debts....
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1 Answer | Asked in Foreclosure, Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Should I contact clear recon group and make sure it's known that im a tenant prior to foreclosure auction?

I, as well as the tenants in three other units on are living on the property still, landlord died a few months ago, his heirs shut off all utilities and prevented us from turning them on and neglected the property, it almost immediately went into foreclosure and I just found out the auction date is... View More

James L. Arrasmith
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answered on Dec 25, 2023

Yes, it would be wise to contact Clear Recon Group to inform them that the property is occupied. As the trustee handling the foreclosure, they should be aware of the presence of tenants. This can affect the foreclosure process and any subsequent actions they take regarding the property.... View More

1 Answer | Asked in Foreclosure for South Carolina on
Q: Can I obtain a copy of my complete case file
T. Augustus Claus
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answered on Dec 21, 2023

In South Carolina, if you're facing foreclosure and want a copy of your complete case file, you have the right to request it. You can typically obtain a copy by contacting the clerk of court's office in the county where the foreclosure proceedings are taking place. Requesting your... View More

1 Answer | Asked in Foreclosure, Domestic Violence, Divorce and Family Law for Texas on
Q: Exhusb got house in divorce, I'm domestic violence survivor. He was suppose to sell give $10,000 per divorce decree.

He never did he made me sign quit claim said now I'm off loan. He lied to me to refinance. He died house in foreclosure. Can I do anything?

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

If the statute of limitations has not expired, you can sue your ex-husband's estate for the $10,000 you were supposed to receive.

Whether the statute of limitations has expired depends on the language of your divorce decree. Typically, a decree will set a within which a spouse is...
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1 Answer | Asked in Foreclosure for New York on
Q: Can the city of troy place my home on foreclosure in January 2024 without taking us to court

The city has sent me notice to pay 5500 or they will list my home on the foreclosure list

James L. Arrasmith
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answered on Nov 29, 2023

If you've received a notice from the City of Troy regarding foreclosure due to unpaid amounts, it's important to take this seriously. Municipalities in New York can initiate foreclosure proceedings for unpaid property taxes or other municipal debts without necessarily taking you to court... View More

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: waiting for a reply from a mortgage Relief, is it ok not to pay for your mortgage, or can this bring foreclosure? TX:)
James L. Arrasmith
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answered on Nov 28, 2023

In California, not paying your mortgage can lead to foreclosure. This is because your mortgage agreement is a legal contract where you agree to make regular payments to your lender. If these payments aren't made, the lender has the right to start foreclosure proceedings to recover the amount... View More

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