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The mortgage guarantor sold our home through foreclosure sale to a 3rd party servicer through a referee's deed. There was no note attached to the mortgage. The servicer has no standing or interest in our home. The trust associated with the house is closed.
answered on Jul 16, 2020
You haven't provided enough information for anyone to provide an answer.
With this said, New York is a judicial foreclosure state, which means that a foreclosure cannot happen without a Court Order. The process tends to take quite a long time, so it's extraordinarily doubtful that... View More 
There is no note for my home. This is New York and the note was electronically recorded by MERS. We were not notified of the sale.
answered on Jul 16, 2020
You haven't provided enough information for anyone to provide an answer.
With this said, New York is a judicial foreclosure state, which means that a foreclosure cannot happen without a Court Order. The process tends to take quite a long time, so it's extraordinarily doubtful that... View More
I have a pension with JC Penney Corporation. The company has filed for bankruptcy protection. My pension is insured with the PBGC. I just received a Modified Form 410 Proof of Claim form from the bankruptcy court. Does this form have anything to do with my pension? haight78@hotmail.com
answered on Jul 16, 2020
Yes. You'll want to fill out the Claim form and submit it to the Bankruptcy Court Clerk's to protect your claim.
As prior counsel suggested, this may be something you'll want an attorney to help you out with.
Good luck with your case!
To auction to the highest bidder. Does this mean I do not own or are responsible for this time share?
answered on Jul 16, 2020
I'd want more specific information to issue an accurate opinion, but it sounds like the Timeshare may not be exempt and that the Trustee is attempting to sell it for the benefit of your unsecured creditors.
This is probably a question best directed to your bankruptcy counsel. If you... View More
Hi there,
im filing from New york
So basically the past year i worked off the books for ca heap wage off campus on a resturant, and so have no W-2 and thats why manually plugging the numbers
my important question is I was scammed a year ago of $3000 and thats why i had to... View More
answered on May 5, 2020
I'd recommend visiting the IRS' website and requesting your wage transcripts online. This will give you a fairly clear representation of all the income that has been reported as earnings. If you are uncomfortable doing so on your own, consider discussing this matter with a tax preparer or... View More
If an S Corp has been non-profitable, and officer had to work full time as employee with W-2 at same time for companies in Manhattan since they were on payroll, would they get UI?
Seems way things are worded on DOL, that if you are an officer of a corporation, you are still considered... View More
answered on May 5, 2020
You may be eligible for PUA, but I am not sure about UI. Your best bet would be to apply online, as I have a feeling that this is a fairly common issue that can be straightforwardly resolved through the application process.
Good luck with your case!
We separated two years ago, and part of our agreement was for me to move out, and she'll retain the home, as long as she can maintain the monthly payments. At the time of agreement, I didn't have the resources to do things the RIGHT way and wanted the path of least resistance to just take... View More
answered on May 5, 2020
If your ex-partner is financially capable of a refinance, this would be the best way to get your name off the mortgage. Otherwise, the only other way to accomplish this would be for your ex-partner to obtain a mortgage assumption by way of a loan modification - this is probably something you'd... View More
Home a tender of payment was given to the bank but they sold the property anyway and violated a Supreme court order to stay the sale. The trustee in chp. 7 told me she received my tender of payment and granted the ny homestead exemption. But she has not brought an adverse claim against the people... View More
answered on Mar 2, 2019
You - not the Trustee - should be taking the lead on this one. My assumption is that you do not have an attorney at this time, given your reliance upon the Trustee to remedy your situation.
Do yourself a favor... hire an attorney who knows exactly how to fix the situation. It will probably... View More
The mortgage. He has accrued enormous debt since our divorce. I have no plans to sell the house. Is this possible.
answered on Mar 2, 2019
You'll need to refinance the house, as this is the only way to do so - absent selling the house. Banks generally won't perform Mortgage Assumptions, absent a specific Order from a Court.
Contact an experienced attorney if you're looking to go the Assumption route...
Good luck.
And do the bank have to motion the court again to remove the chpt13 stay?
answered on Mar 2, 2019
Not necessarily. This is not an easy question to answer, even with all of the relevant information before the attorney. My assumption is that you do not have an attorney. Your best avenue of relief is to hire one who is extremely familiar with Motion practice and Bankruptcy litigation.
Good luck!
Ocwen has a record that it's paid, but won't give us a copy of it. Title company requiring satisfaction and payoff check to release funds, they are not available to us, Mom is deceased. Title company knows that ResCap/GMAC went bankrupt. Ocwen has no legal obligation to provide a... View More
answered on Mar 2, 2019
There's no Motion to file if there is no actual case... Is there currently litigation involving this property?
For what it's worth, this is an extremely subtle, complicated inquiry. Your best bet is to sit down with an attorney and obtain an opinion regarding what can be done, if... View More
My cell bill is very high and in my moms name. I have been paying it, can I include that?
answered on Mar 2, 2019
If the account is not in your name, you cannot discharge the debt - it isn't yours.
When a lender/bank starts the foreclosure process,how long do they have to complete it.is there a status of limitation.
answered on Mar 2, 2019
No, there is no time limit in relation to how long the foreclosure case is allowed to last for. Consider retaining an attorney, as I have to assume that you do not have one, based upon the nature of your question.
Good luck.
I have already filed my case but I read online If the trustee believes the rent is unreasonable or beyond the debtor's means, he can direct the court to terminate the lease, allowing the landlord to evict the debtor. Furthermore, the trustee has to decide within 60 days of the petition filing... View More
answered on Mar 2, 2019
This rarely occurs... but with this being said, you should really retain an attorney if this is truly important to you - why leave this to chance?
Good luck.
My local (New York City) telecom company disconnected service (phone + internet) without notice. To have it reestablished, they’re asking for installation fees (to run new connection cables) and increased monthly charges. Is this action warranted under law?
answered on Feb 14, 2019
If the bill was not paid, they have the right to disconnect.
Good luck.
answered on Feb 14, 2019
It will probably be adjourned in contemplation of subsequent Dismissal. With this being said, your daughter should hopefully learn a valuable lesson from this experience... otherwise, the second time may not turn out so well.
Nonetheless, she should hire an attorney or take advantage of a... View More
Do I still list it under my budget
answered on Feb 14, 2019
Yes. You are required to list all your income and expenses.
Good luck.
answered on Feb 13, 2019
The Court could force liquidation of your interest in the property, but not the interest of others'.
Good luck.
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