Your current state is Virginia
Without reviewing the documents I cannot give a definitive answer, but as a general rule, a claim against only one party is ineffective against TBE in NC.
estate is now being held up because of lawsuit.
house sold auction, 260,000. only 11,000 owed
that money goes into estate.
what can be done, if anything
The Estate Fiduciary has to file suit against the Trustee that conducted the Sale for the Surplus. Breach of Fiduciary Duty and Conversion, and maybe others.
Unpaid property tax -homeowner became aware of issue in 2019 and began paying taxes since, arrears amount needed to be paid in full - due to Covid and the death of a Trustee, money to pay has been held up in the Trust. Lien holder, township and lawyers for the defendants were aware of situation... Read more »
Realistically to provide you with meaningful advice and determine what your options are more information and an in person consultation will be necessary. I am not a legal malpractice attorney, so I cannot comment in that area of the law. However, my practice includes, but is not limited to mortgage... Read more »
They refused to remove the lien . The AG over charged me for child support, financially crippling me , I had to get property tax loans , this went on for 10 years .. My way out was to refinance my house , but because of this fraudulent lien I was unable to refinance.. I’ve gotten the run around... Read more »
What is your question?
I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years
Bankruptcy has the ability to stop a wage garnishment, with a few exceptions. I suggest that you contact a local bankruptcy attorney to see if Chapter 7 is a viable solution for you.
I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years
By the information you gave in your question, a judgment was entered against you a long time ago, and your state income taxes have been garnished by the judgment creditor. Because of the length of time and the doctrine of res judicata (meaning: the thing has already been decided), you cannot set... Read more »
For years, then turned over to the Dept of Revenue in Sept of 2020. There's a judgment filed by Chase bank with 0 balance. How do I get my money released to me.
You will need to contact an attorney who is familiar with this process, someone who can review the status of your claim and petition for release of these funds from the court registry. Through this process, judgment creditors of record (if any) will be notified, after which the funds can be... Read more »
to deed it back over to my name only, dissolve the LLC , and ask the court to remove the LLC from the foreclosure case. Can I do this ?
You can do the first two but the court is not likely going to remove the LLC from the case because it had an interest in the property at the time of the foreclosure and that interest needs to be foreclosed.
what do we need to do to forclose?
Unfortunately, this question is impossible to answer without reviewing your contract for sale and owner finance. You may be able to do a "non judicial" foreclosure, which means a Special Proceeding is filed with the Clerk of Court. Or, you may have to file a "judicial"... Read more »
Father-in-Law helped his daughter by buying a trailer home for her. The trailer is in Arizona where he also lives (but not in the trailer with her). She has lived in the trailer since 2000 when her Dad purchased it.
Daughter was added to the deed as Joint Tenant (JTWROS) couple years... Read more »
You are wise to be thinking about this proactively. The federal law that prohibits lenders from calling the loan due when the borrower dies applies to traditional homes and also "residential manufactured homes", so the answer depends on whether the home is a "residential manufactured... Read more »
I am not sure who "CS" is (case servicer?) but in New Hampshire a formal notice of foreclosure must be sent to the last known address of record via certified mail, return receipt requested. It will have a date and time certain as to when the sale will occur. For residential property, this... Read more »
You failed to say which or what kind of court, what kind of notice for court appearance or any details from which an answer can be derived.
Try again.
Thanks
d
The house would go to his children when they are old enough or we can sell. Financially things got bad. That's when I contacted Christian Consultants of Texas. So the process was started. Some employees came to the house and took pictures of inside and outside and another employee came by... Read more »
I am not sure what the question is.
If you want to reverse the transaction, you will have to sue, and fast. Fraud usually has a one-year statute of limitations within which you must sue the offending person or company.
Please go see a lawyer ASAP!
The unlawful detainer/eviction is a little over 7 years old. And the case was deemed satisfied in 2018.
You can make a claim under the Fair Credit Reporting Act. Negative information must be removed from your file after seven years.
i was given a petition for forclosure and told that i need to be out of my home in 10 days... the loan is in my deceased wifes name any myself.. i had sent the paperwork 2 years ago to the bank for them to automatically take out of my checking account each month..i have a disabled daughter that... Read more »
You need to retain an experienced mortgage foreclosure and bankruptcy attorney. Your home can be saved. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography... Read more »
I had a loan mod approved bank called me back to remove ex husbands name said i would get updated package never got callwd and emailed dozens of x never told buy 1 person in bank my house was in foreclosure they finally said they found my modification and would fedex it out they did but then i... Read more »
you need a full detailed consultation with an attorney that has experience in mortgage litigation. there are too many facts missing and the attorney would need a timeline and all documents you have.
My Mortgage Note has been sold 3 times since my foreclosure and a default judgment was granted to the original Mortgage Note owner. The 3rd assignment/sale has not been publicly recorded. The original bank was granted a Writ of Execution for a Sheriff Sale but they no longer own my Note. The law... Read more »
You need to retain an experienced mortgage foreclosure and bankruptcy attorney to examine the documents and your situation that is not possible here. You are not necessarily out of options.
There is no such requirement. What is the purpose of your question?
Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help
You must get a probate attorney and probate the will.
The mortgage was in my ex brother in law's name. Before he passed away he deeded the house to me. Would I qualify as a eligible bidder or eligible tent buyer?
no. if you are on title to the property, you would not be able to bid at auction. the post is a little confusing because you say the "house was auctioned off" which implies it was already foreclosed upon so it's not clear how you would be able to bid on anything at this point.... Read more »
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