answered on Feb 27, 2023
I don’t know where you are seeing that, but it would mean that it was purchased by the lender at the auction rather than by a third-party buyer. Because the lender can bid with credit (i.e. the amount they are owed), it is most common that the lender takes title at the sale auction.
My mom took out a loan without my dads consent m. They are both deceased and we are liable
answered on Feb 25, 2023
If you did not sign a note, you would not be personally liable. However, if the note is secured by a mortgage, the ownership interest of whoever executed the mortgage would be encumbered by the mortgage lien.
Based on the facts you indicated, your mother’s share would be subject to the... Read more »
If there are costs such as filing fees, you would be expected to pay them at the time they are incurred. Based on the informaton on the docket, you likely will incur an RJI fee and motion fee totaling $140 if you want a motion made for permission to amend your answer. (alternatively we offer a... Read more »
answered on Feb 16, 2023
I personally would not opine on the fees and fee structure of an attorney your are considering to represent you, especially in a legal Q&A forum like this where we would not have all of the facts surrounding your case and the firm. If you are not comfortable with the fees, you could speak to... Read more »
answered on Feb 3, 2023
After your default for 120 days, your lender or the lender's servicer may elect to send you a default notice or a letter of acceleration. Accelerating the loan means that they are calling it as fully due and payable now instead of over the regular loan term. They may also send you a 90-day... Read more »
Federal case- violations by mortgage servicer, of RESPA, QWR, NOE and more- also, lacks standing due to missing along and assignments
answered on Jan 12, 2023
You did not ask a question that can be effectively answered on this Q&A page. The attorneys on this page who answer user questions about foreclosure will all likely practice in this area. If you are searching for an attorney, you should be able to identify one here or perhaps through a Google... Read more »
Refinance was canceled 8 years ago, and lender was allowed to proceed with void mortgage and note in state court.
answered on Dec 28, 2022
If the state court issued a judgment of foreclosure, even if you believe that the note and mortgage were somehow void, your remedy would be to challenge that judgment in that court with a motion to reargue or an appeal to the higher state court. If you try to collaterally attack it in a bankruptcy... Read more »
5 more time and then that judge that gave the order was no longer the judge and the new judge ignored the previous judge order saying it’s wasn’t on e- filing to review and then did a summary judgment
answered on Dec 25, 2022
You did not ask a question. If you are unhappy with the progress of your case, that is understandable given the situation you described. But other than the fact of several adjournments and a summary judgment ruling against you, you have not presented any facts which an attorney can analyze. Just... Read more »
I am the administrator of my father's estate. My stepmother who is predeceased my dad took out a mortgage in her name only several years before she died. My dad never had the mortgage changed to his name neither did he add it to any paperwork he just paid it when it was due. Since his death... Read more »
answered on Sep 9, 2022
You are getting bad information. If you are administrator, you are entitled to information. If a foreclosure has not started you have time. However, you will have to reinstate the mortgage by paying all arrears to avoid foreclosure. The bank will not take partial payment. Hire a lawyer to deal... Read more »
The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »
answered on Jun 24, 2022
1. Different counsel? Not relevant. Happens all the time.
2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.
3. Recourse? Make motion in court that entered judgment to vacate on improper service.
4.... Read more »
paragraph 9 or 10 in the note the waiver notice of presentment and notice of dishonor means in leyman terms
answered on Apr 16, 2022
You cannot determine the specific meaning without seeing the entire document. Any attempt to speculate is not going to be useful.
The bankruptcy is still in adversary proceeding at this time. It will probably be there for some time longer.. Does this mean the bankruptcy is still considered open? Is the stay in place until the adversary proceeding is complete?
answered on Apr 1, 2022
There is nothing stopping a lender from foreclosing after a bankruptcy is Discharged or Relief from Stay is awarded beforehand. The lender cannot begin foreclosure during a Bankruptcy case before the occurrence of either hypothetical.
Otherwise, no. There is no law the avails a grace period... Read more »
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 »
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 »
answered on Dec 12, 2021
More facts need to be presented surrounding the "deed transfer."
answered on Sep 20, 2021
Please try to ask your question more clearly for assistance.
answered on Apr 16, 2021
A Lis Pendens is a notice to the public that the property is subject to a lawsuit. What you really need to do at this point is to obtain an experienced mortgage foreclosure defense and bankruptcy attorney to represent you. During this pandemic, you have a choice of either seeing your attorney in... Read more »
Notice of pendency we are extended extensions to sell the house to them we have only received from them loan applications and not the commitment letter from the bank I'm really lost and I don't no longer know what to do is stating on real estate sites that it is pending sale but it is... Read more »
answered on Apr 7, 2021
It sounds like you should call an attorney who does real transactions for properties in foreclosure for a free consultation. Instead of trying to do everything yourself, it may be work checking with someone that you are not being ripped off.
answered on Apr 6, 2021
It sounds like he is in a foreclosure matter based on a notice of pendency. If he does nothing, eventually he will lose the house. If he starts replying or looking at loan modification, he can save his home. He just needs to start taking action.
How would someone find out that information? Is going through a lawyer the only way to get reliable infor.?
answered on Oct 16, 2020
No. Mortgages are junior to the taxes. Thus, they should be foreclosed out, unless the plaintiff failed to name it.
answered on Sep 3, 2020
There is a big difference between the two. No lawyer is going to give you a tutorial. If you do not know what to do, hire a lawyer.
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