Rafael Gil III's answer Well there isn't a quote unquote "statute of limitations" to foreclose. Technically, once you have defaulted under the terms of the contract (i.e. loan), the mortgage company can start the foreclosure proceedings. Of course, they have to go through the legal process, which could take several months to complete.
Rafael Gil III's answer That is a great question. The answer is that it depends. Really depends on the mortgage company, your income, your credit score, etc. I know that when you file for chapter 7 bankruptcy and wipe out the foreclosure, you can purchase a home after 2 years.
Rafael Gil III's answer You can try to cure the default by paying the arrears and foreclosure fees. If the grandchild is subject to inheriting the home and actually lives in the home, the grand child can file for chapter 13 bankruptcy to save the home.
Rafael Gil III's answer Is the home in your name or just your deceased husband's? I'm assuming they foreclosed some time ago and filed some sort of ejectment action against you and him because you did not get out of the home immediately. Unfortunately, the time for you to file for chapter 13 bankruptcy and save your home, has come and gone.
Rafael Gil III's answer No, the bank cannot take the vehicle in the foreclosure. They may file something in court with regards to an abandoned vehicle. But the foreclosure in and of itself will not give them the right to the car.
Rafael Gil III's answer If the collections account is past the statute of limitations, it's non collectible. Next time they call tell them that pursuant to the Fair Debt Collections Practices Act, they cannot continue to contact you. This is the buzz word.....you say that and POOF!! They will stop calling you....hope that helps!
Rafael Gil III's answer I would go by the county courthouse in the county that you live or in the county where that bank is located (where you signed the loan/contract) and they can look up the case and whether or not there is a judgment on the case.
Rafael Gil III's answer Yes, if you owe money to a creditor AND they obtain a judgment they can place it on any and all property you own in your name....this is regardless of whether or not you own it jointly with someone else! If they do not have a judgment, they can't arbitrarily place a lien on the land. Exceptions would be materialman's liens, etc.....
Rafael Gil III's answer No, she cannot. As long as you have a writ of garnishment, you can levy her bank accounts and/or garnish her wages. Notice is not required. Just serve her employer or bank. Notice would make it impossible to execute the writ.....they would simply empty out the bank account before you levied it!!! ;)
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