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Questions Answered by Mr. Michael A. Shurtleff
1 Answer | Asked in Foreclosure for Oregon on
Q: Why would bankruptcy be a benefit for the question related to accelerated loan foreclosure in oregon.
Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jul 10, 2023

Because the likelihood is that if you don't have funds to immediately reinstate the loan you are not going to get anywhere with the lender and you will have to file a chapter 13 to stop the foreclosure and give you 60 months to pay back the amount that you are behind on the mortgage. People... View More

1 Answer | Asked in Foreclosure for Oregon on
Q: Is a accelerated loan foreclosure allowed in oregon, my mortgage company is not assisting with any kind of help,

My loan Is a 30 yr for @$250,000 in 2007, it was payed down to $44,000 by 2019, as it stands is I owe @$22,000, and have missed the last 6 payments, also the market property value is above $600,000, on two tax lots with condo development on the adjoining lots behind our property. I believe they are... View More

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jul 10, 2023

Ultimately a Chapter 13 bankruptcy is the tool to stop the foreclosure. I would suggest contacting Michael O'Brien in Portland. Doesn't really matter what town you are in. He may be able to help short of filing a Chapter 13 as well.

1 Answer | Asked in Foreclosure and Probate for Oregon on
Q: i have a probate that went into foreclosure, what kind of lawyer do i need to go after the mortgage company?

when i took over my fathers estate the loan got sold to another company. the new com[any accepted 2 payments from me then denied me making payments for about a year, stating that i was not someone on the loan that could be talked to. it took me a long time to get the information from them that they... View More

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Sep 27, 2021

Dear Asker,

I would suggest someone in the debtor/creditor world who likes creative cases with a few complexities.

Options might be.

Keith Karnes,

Tim Eblen

Michael Obrien

You can google those names with "attorney" and you'll find...
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4 Answers | Asked in Bankruptcy for Oregon on
Q: Can I apply for a loan and still file for chapter 7 if I am denied the loan?

I am about to be garnished for my full check for 2 and a half months.

I am wondering if I can apply for a loan to survive. If I get the loan I am okay. If I don't get the loan, will having applied for it prevent me from filing for bankruptcy?

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Aug 6, 2021

Dear asker,

Applying for a loan won't have any effect on your ability to file bankruptcy if you end up needing to do so.

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3 Answers | Asked in Bankruptcy for Oregon on
Q: My partner and I are both on the house mortgage. Will I be able to file for chpt. 7 or 13? will it affect the mortgage
Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Feb 16, 2021

Hi,

The main question will be how much equity you have in the home. If you own half the equity then a bankruptcy attorney will be able to look at the value of your home and the amount owing against it and figure out how much home equity you personally have.

Many people are able...
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2 Answers | Asked in Bankruptcy for Oregon on
Q: My credit debt it largely due to gambling on online websites over many years.Would I be able to file for bankruptcy?
Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Feb 3, 2021

Yes: The trustee may encourage you to stop gambling if you have not already, but gambling debt is dischargeable just like any other unsecured debt.

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3 Answers | Asked in Bankruptcy for Oregon on
Q: Can I bankrupt one item from my credit - an eviction?

An ex and I signed a lease for an apartment 2016, 3 months before the year was up we had to move out of state and didn't have the money to pay the rest of the lease. Of course there is an eviction on my credit (and probably his too). He and I broke up due to abuse and I have no idea where he... View More

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jul 9, 2020

Dear Asker,

The good thing is that most of us (bankruptcy attorneys) provide free consultations regarding all types of debt issues. Based on your question there is a lot to discuss and brainstorm about and you will definitely come away feeling more empowered about this eviction situation...
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2 Answers | Asked in Bankruptcy and Consumer Law for Oregon on
Q: My attorney won't return my calls. I've already paid her for bankruptcy services.

What can I do and please tell me how to find FREE legal services in Portland Oregon? I'm asking for FREE services as my attorney took the money I had for filing my bankruptcy.

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Feb 14, 2020

Dear Asker,

If you can not get ahold of your attorney via her phone or email you can contact the Oregon State Bar about reaching out to her to resolve any misunderstanding or fee dispute. https://www.osbar.org/feedisputeresolution

You can call oregon legal aid to discuss...
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1 Answer | Asked in Foreclosure for Oregon on
Q: I have a notice of foreclosure with a sale date of March 18th if I pay the past due amount of $13, 000 Wil it reinstate
Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Feb 13, 2020

Yes - but I warn/highly encourage you to contact the foreclosure trustee or attorney and ask them for an up to date reinstatement quote when you are ready to reinstate and ask them for instructions as to where to send the reinstatement funds. If you just make a lump sum payment to the loan... View More

3 Answers | Asked in Bankruptcy for Oregon on
Q: I am thinking about filing for a bankruptcy, but have co-signed for a relative on a vehicle.

What problems will this cause my relative if I file.

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Feb 3, 2020

As long as the relative is making the payments it won't have any affect on them. You will no longer be obligated on the vehicle and they will just have to make sure and stay current on the payments.

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3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Oregon on
Q: Is probate required in Oregon to take ownership of my deceased mother's house before it is foreclosed on?

When my mother passed away without a will, she was in bankruptcy and trying to avoid foreclosure. The bankruptcy has just been discharged, but the house wasn't in it so it is still subject to foreclosure. I want to keep the house & assume the loan, and have submitted documents establishing... View More

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Nov 10, 2019

Dear Asker,

You probably need a foreclosure/bankruptcy attorney's guidance, to assess the overall situation. The first thing to do is determine how much time you have absent any action on your part. You may have more time than you think or the lender may schedule a foreclosure sale...
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3 Answers | Asked in Bankruptcy, Foreclosure and Collections for Oregon on
Q: Will filing bankruptcy take my 81 yr old grandma's house off the auction block for 6/20/19?

I just learned that my grandma's house is in foreclosure and scheduled for auction in about a week and a half on 6/20/19 due to an unpaid loan. If she were to file for bankruptcy, would it take the house off the auction block?

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jun 9, 2019

Yes. Call a BK attorney in the morning

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2 Answers | Asked in Bankruptcy for Oregon on
Q: I am filing for bankruptcy. If my vehicle is my only source of income, can it be exempt.

I do own the vehicle outright, no liens. It is worth approximately $12k and I have approximately $32k of debt . I have been using this vehicle as my primary source of income through Uber and Lyft for over two years. Will the fact that I use this vehicle for work have any bearing on whether or not... View More

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on May 7, 2019

In Oregon a debtor can use federal exemptions. You have a certain amount of vehicle exemption and then additional wildcard exemption. If you are not using a homestead exemption (because you rent your residence) then you likely have plenty to cover $12K of equity in a car. You can use the 4K... View More

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1 Answer | Asked in Foreclosure for Oregon on
Q: My husband is on disability. We are behind on property Taxes. The county is starting foreclosure. How can we stop this?

My husband is on disability as well as our son. Our home is paid off but we are very behind on property taxes and the county has given my husband until the 22nd of this month to pay at least $4000.00 of the $13,000.00 he owes or they will get the foreclosure process started. Our home is in my... View More

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Sep 4, 2018

Dear asker,

As an attorney and member of the Oregon state bar who you have not hired I need to make you aware that the below information is the general thoughts I have on the topic without having met with your or reviewed any documents, etc. It is not specific advice and I am not your...
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2 Answers | Asked in Bankruptcy for Oregon on
Q: After chapter 7 could a lien be put on my house when I sell or refinance?
Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Aug 20, 2018

Dear Asker,

I am broadening your question just to be on the safe side.

1) If nobody had a judgment lien against your house at the time you filed a bankruptcy then all of the debts that could have gone to judgment are discharged through the bankruptcy and nobody can get a lien...
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3 Answers | Asked in Bankruptcy for Oregon on
Q: Divorce paperwork states I am not responsible for mortgage with ex, WF will not remove me. Can I include it in BK?

Considering BK, but unsure if I can include mortgage for home in Texas that my ex-husband hasn't removed me from (it's been 7 years). Wondering if I can include it in a BK with other debts.

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Aug 3, 2018

Dear Asker,

While the divorce judgment has no power to alter your obligations to Wells Fargo, it does establish the obligations between you and your ex-spouse. If you file bankruptcy on the mortgage Wells Fargo will not be able to sue you or garnish your wages, but they will be able to...
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1 Answer | Asked in Foreclosure for Oregon on
Q: Can i stop paying rent if i rent a forclosed home that went to auction and was repossed by the bank.

I rent a forclosed home with a 1 year lease agreemwnt that ends in oxt on july 7th the sheriff auctioned the house nobody beat the credit bid so the bank owns it again obviously i no longer gave to oay my previous landord or do I? Furthermore if the house is in a desirable area but in a state of... View More

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jul 25, 2018

First it is important to be quite sure that the house was actually auctioned. Receiving a notice of sheriff sale posted on the property with a date for the sale does not mean the sale actually happened. sales are often postponed or thhe owner files chapter 13 and brings the property out of... View More

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