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Questions Answered by Mr. John P. Fazzio III
1 Answer | Asked in Foreclosure for Tennessee on
Q: Delaying foreclsoure

Sibling in TN is has dementia. Somehow quit paying her Home Loan. She owes ~$20K Balance on Loan, House Value ~$200K. House is set to go to auciton Sept. 20. I got power of attorney, and contacted the Collection Agency. The account is $3,600 in arrears (amount provided by the Debt Collection... View More

Mr. John P. Fazzio III
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Mr. John P. Fazzio III
answered on Aug 29, 2022

Tennessee law provides a right to reinstate and cure default before sale. You may be hitting a roadblock in that the bank is playing games by not recognizing the Power of Attorney, such that you may need to make a motion and bring the reinstatement before a judge.

"Reinstating"...
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2 Answers | Asked in Foreclosure and Real Estate Law for Washington on
Q: My house sold at for closure auction where can I get free help claiming the surplus funds?

Auction was on aug.5th and I believe sold for 186,000 over what was owed .I am still in the house because without the money I have no cash to move and no where to go

Mr. John P. Fazzio III
PREMIUM
Mr. John P. Fazzio III
answered on Aug 29, 2022

Once the Surplus Funds are deposited with the superior court, parties with an interest in those funds may claim them in a specified order. “Interests in, or liens or claims of liens against the property” at issue attach to the Surplus Funds “in the order of priority that it had attached to... View More

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