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Missouri Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Civil Litigation for Missouri on
Q: If my Hoa is entitled to 12% per annum interest but is charging me more than that, would I have a case?

I have been in a billing dispute with my hoa. They will not allow access to records or books as afforded in the bylaws. A previous tenant gave me a copy of the cleared check for a debt the hoa claimed had not paid. I requested access to the records they denied. They hired an attorney and racked up... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 6, 2021

The association’s declaration and rules & regulations govern.

You would “have a case” if you sue and a case number is assigned. If you don’t pay the disputed charge then I don’t know what damages you’ve suffered. If you do pay the disputed charge and then sue, you’ll...
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3 Answers | Asked in Bankruptcy and Foreclosure for Missouri on
Q: I'm a buyer and the seller filed for chapter 7. We were to close, now pending court decision. What are my options?

I am a buyer, went into contract with seller. We were to close but seller's went to court for bankruptcy. Is there anything I can do? What are some options that I can guarantee buying the home?

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You need to hire an attorney to represent you in the bankruptcy case. You can probably still buy the property from the trustee, but the trustee is who you have to deal with from this point forward.

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1 Answer | Asked in Civil Rights, Foreclosure and Real Estate Law for Missouri on
Q: There is any possible way I can reverse foreclosure sale and get the house back if I pay the full amount ?

My ex husband passed away, we had 2 kids, we actually never get separated, the divorce was only on the paper. the lawyer said not to make payments on the house. The house went foreclosed. We still live in this house.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 27, 2019

If the house has been sold in foreclosure it belongs to someone else now. If the sale has not yet taken place you may still have a chance to stop the foreclosure. Bring every bit of the paperwork you have received to an attorney right away to find out where you stand.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Missouri on
Q: In MO Landlord passed away 6 months ago. House is in foreclosure or probate.Idk which. Who is responsible for repairs?

I received a letter from an attorney telling me to pay the rent to a local bank instead of the landlords son, which I had been doing. I contacted the bank about the heater needing repair. They told me that since they don’t own the property they are limited in what they can do. Should I pay for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 30, 2019

Missouri law provides a specific procedure for making repairs and deducting the cost from the rent. At the very least, you should notify both the bank and the lawyer IN WRITING of the habitability issues that need to be addressed and your intention to repair and deduct. For detailed information on... Read more »

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Landlord - Tenant for Missouri on
Q: Can the property owner of my house give me a same day eviction by text message?

I am the previous owner of the property. It sold at foreclosure auction on 9/11/18. The current owner agreed to let me rent the property until 3/15/19. My son took his own life 10/26/18, & my granddaughter passed away 12/6/18. The expense of 2 funerals in just over a month caused me a major... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 29, 2019

Your rental agreement should protect you - particularly if it is i writing. And more than one days' notice is required for any eviction.

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for Missouri on
Q: Am i safe from being evicted?

The home I live in is owner financed and I got behind on the payments the owner is taken me to court and was granted a default judgement. Then on may 31 Casenet shows he went back to court and got an execution/garnishment on Saturday June 1 I got a letter from the owners lawyer stating that I would... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 5, 2018

The automatic stay is in effect but you ought to file a suggestion of bankruptcy with the circuit court and notify the opposing attorney.

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1 Answer | Asked in Divorce and Foreclosure for Missouri on
Q: How can my son get his ex wife to help pay a mortgage she let go into default?

She caused them to divorce by letting their mortgage go for 6 months causing it to go into default! She also spent their money an an adult website called Ashley Madison something! They have joint custody of their son, but my son has him 5 days or more out of the week! Their bank forclosed on... Read more »

Lydia Seifner
Lydia Seifner answered on Apr 12, 2018

If the divorce degree required her to help him with the mortgage, or to reimburse him for the outstanding debt, then your son can seek a motion for contempt, and demonstrate to the court that she has not paid what she has owed. Have your son speak to an attorney.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Missouri on
Q: Pros and Cons of Deed in Lieu v Foreclosure post Chapter 7 discharge

My Bankruptcy was discharged in late August. I would like for the bank to take my house ASAP. They had started foreclosure proceedings before I filed, so I know they probably will not sit on it forever, but it is December now and I want to move on. Are there any dangers in trying to do a deed... Read more »

Stuart Nachbar
Stuart Nachbar answered on Dec 6, 2017

Just make sure they do not,slip in that you are liable for any deficiency.

1 Answer | Asked in Foreclosure for Missouri on
Q: foreclosure auction in missouri...Would it chill the bidding if the address of the property is not advertised?
David Reese Fondren
David Reese Fondren answered on Apr 17, 2017

Depends. Is it rural and does not have a street address? Does the notice give a legal description, a plat number, or something? Does the notice give sufficient information to identify the property in question? You should talk to an attorney about either getting an injunction, or setting aside the... Read more »

1 Answer | Asked in Foreclosure for Missouri on
Q: How long under Missouri law can I remain in a condo after the floreclosure sale?

Dow I have days or weeks after the eviction notice.

David Reese Fondren
David Reese Fondren answered on Apr 17, 2017

Part of the time depends on how quickly the lawfirm moves on the case, how quickly the sheriff can serve your summons, or if they use a private investigator, and the jurisdiction and how quickly they manage their landlord/tenant cases.

Something to consider. If you already have a...
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