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Foreclosure Questions & Answers
1 Answer | Asked in Bankruptcy, Foreclosure, Real Estate Law and Collections for North Carolina on
Q: I added wife's name to deed in NC a year ago. Can an unsecured creditor of my wife attach a lien or sever TBE.
Ben Corcoran
Ben Corcoran answered on Mar 30, 2022

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.

1 Answer | Asked in Real Estate Law and Foreclosure for Tennessee on
Q: A house included in Estate Money owed to bank so it was auctioned off.

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

Anthony M. Avery
Anthony M. Avery answered on Mar 28, 2022

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.

1 Answer | Asked in Foreclosure and Legal Malpractice for New Jersey on
Q: two days after final foreclosure judgement homeowner was prepared to pay lien in full - property tax - ??

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 »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 27, 2022

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 »

2 Answers | Asked in Bankruptcy, Foreclosure and Child Support for Texas on
Q: I had a property lien on my home unjust but the attorney general, even after the back pay was discontinued (no arrears)

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 »

Timothy Denison
Timothy Denison answered on Mar 21, 2022

What is your question?

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1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Michigan on
Q: I was garnish after a court proceed but during court thats not what was discussed or supposed to happen how do I stop it

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

Michael Hollins Sr.
Michael Hollins Sr. answered on Mar 21, 2022

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.

3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Michigan on
Q: I was garnish after a court proceed but during court thats not what was discussed or supposed to happen how do I stop it

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

Trent Harris
Trent Harris answered on Mar 21, 2022

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 »

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1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Washington on
Q: My house was sold in a foreclosure sale. There is 45k in excess funds held in the court registry.

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.

Renee Louise Roman
Renee Louise Roman answered on Mar 14, 2022

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 »

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Florida on
Q: I own a rental property in foreclosure in Florida that I deeded to a single member LLC for that property only. I want

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 ?

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 10, 2022

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.

1 Answer | Asked in Foreclosure for North Carolina on
Q: My Husband and I owner financed a house and the new owner is behind 5months in his payments. Can we take the house bac

what do we need to do to forclose?

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Mar 10, 2022

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 »

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for Arizona on
Q: Law or protection for deceased's home loan assumption by a Joint Tenant owner not not already listed on the mortgage?

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 »

Nina Whitehurst
Nina Whitehurst answered on Mar 2, 2022

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 »

1 Answer | Asked in Foreclosure for New Hampshire on
Q: what is considered an official notice of foreclosure? Notice on our bill. CS said ignore it.
Leonard G Deming
Leonard G Deming answered on Mar 1, 2022

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 »

2 Answers | Asked in Bankruptcy, Consumer Law, Foreclosure and Banking for Indiana on
Q: if I am being sued in Indiana, and did not make a court appearance can that court issue a warrant for contempt of court
David Luther Woodward
David Luther Woodward answered on Feb 21, 2022

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

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1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: I was working with a company to save my house (christian Consultants of Texas). 10yrs ago my husband passed away.

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 »

John Cucci Jr.
John Cucci Jr. answered on Feb 5, 2022

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!

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Virginia on
Q: How do I remove an unlawful detainer/eviction from my public record, after it has been marked "satisfied?"

The unlawful detainer/eviction is a little over 7 years old. And the case was deemed satisfied in 2018.

F. Paul Maloof
F. Paul Maloof answered on Feb 3, 2022

You can make a claim under the Fair Credit Reporting Act. Negative information must be removed from your file after seven years.

1 Answer | Asked in Foreclosure for New York on
Q: can you help[ me with the forclosure on my home

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 »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 3, 2022

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 »

1 Answer | Asked in Foreclosure for California on
Q: can your bank send you out a loan modification package after they sold your house?

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 »

Yelena Gurevich
Yelena Gurevich answered on Dec 20, 2021

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.

1 Answer | Asked in Foreclosure for New Jersey on
Q: Are assignments, sales and transfers of Mortgage Notes required to be publicly recorded?

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 »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 16, 2021

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.

1 Answer | Asked in Foreclosure for New Jersey on
Q: Are Mortgage Notes that have been sold/assigned required to be accompanied by an allonge to show endorsements?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 16, 2021

There is no such requirement. What is the purpose of your question?

2 Answers | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Florida on
Q: My mom died June 17 I’m staying in her house with her husband and her brother. I have been paying the mortgage on time

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

Jane Kim
Jane Kim answered on Dec 15, 2021

You must get a probate attorney and probate the will.

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1 Answer | Asked in Foreclosure for California on
Q: My house was auctioned off due to foreclosure. My name was not on the mortgage? Would I qualify as a eligible bidder?

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?

Yelena Gurevich
Yelena Gurevich answered on Dec 13, 2021

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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