If the borrower is bouncing checks and making excuses, they are likely to be judgment proof, so you would want to foreclose. If you simply get a money judgment and they don't have funds to pay, you will have to foreclose the judgment lien against the property to get paid anyway. If the loan... View More

I agree with my colleague, if they aren't cooperative, there isn't much that can be done to change their hearts. If they are not paying rent, you should evict them as soon as possible. You may want to have your Mom sign an Assignment of Rents in your favor first.

Since your question is in the foreclosure section, I assume that you were in foreclosure and you got back on track to keep your home. If you had liens on the property, they are likely still there. A foreclosure would "wipe out" liens junior to the mortgage only at the foreclosure sale.... View More

Yes, but bear in mind that you can only sell what you own. If you could find a buyer for a 1/9 interest in the property, then the buyer would receive only your 1/9 interest, so it would be unlikely to find such a buyer, but probably not impossible. Best of Luck!

Your judgment is automatically recorded in the public records, but in order to create a lien against real property, you must go to the Clerk and purchase a certified copy of your judgment and re-record it in the public records. That would stand as a lien against real property and attach to any... View More

Your purchase Contract should have a provision for an inspection period. Hopefully you are still within your inspection period and if so, under the terms of the Contract, you should be able to give notice to the Seller, cancel the Contract and get a refund of your deposit. It may be worth your... View More

You will need to contact a real estate attorney to research the property details and draft the correct document for you. Jennifer

A Florida real estate attorney will be able to coordinate with your California attorney to make sure everything is taken care of in accordance with your father's wishes and in the proper manner. Jennifer

I agree with my colleague, the owner can deed the property subject to the existing mortgage, but know that the original owner is still liable for the debt owed against the property. This is very important because if the new owner does not pay off the current mortgage and the property goes into... View More

I am sorry for the loss of your grandmother and your current situation. If the parcel of property was not included in the original probate, it is still in your grandmother's name (or her Estate) and cannot be deeded to anyone until probate is finalized. If there is a Petition for Summary... View More

It's a little more complicated than a "yes" or "no" answer. Generally, "yes" you would own something, but it could only be a partial interest. I would need more information to give you a good answer, such as does your husband have a Will? Does he have children... View More

We have seen actions to collect on deficiencies following foreclosure much more frequently than what we traditionally saw at the beginning of the housing collapse. Hopefully you will sell before foreclosure, but if you don't and a foreclosure action is filed, I highly recommend that you... View More

I"m sorry for your loss. You can continue to make payments, but there is no guaranty that the mortgage company won't call the loan due. Most mortgages have a Due on Sale clause that allows the lender to call the loan due if there is a transfer of ownership. In this case, since your Mom... View More

I'm sorry for your situation. It's possible you can re-open the family law matter and ask for the court to enter an Order transferring the property into your name. You will need to schedule a consultation with an attorney to determine the exact options available to you. Best of Luck! Jennifer

I am sorry for your loss. You will want to discard food items and trash. The personal items are technically part of the probate estate and would normally be distributed by the terms of the Will or Florida law, by the court or by an appointed Personal Representative. Sometimes a probate... View More

I'm sorry for your situation and I understand your frustration trying to negotiate resolution with someone that refuses to negotiate! An ejectment action is basically an eviction against someone that does not have a lease. Your ex will have to schedule a hearing, so you will have your... View More

From what I understand you deeded property to your Dad and Stepmother and now they have both passed. Since your Dad passed first, the property most likely automatically went to your Stepmother in 2012. The question would be whether your Stepmother left you in her Will. If not, you do not likely... View More

I am sorry for your loss. Your best bet would be to review your case with a probate attorney, but generally, if the creditors fail to make claim against the estate for payment within the 90 days, you may not need to negotiate repayment terms and there are certain exemptions allowed for different... View More

This sounds like an issue that may require more than a web post to give you a good answer, but it appears that you are the beneficiary of a trust and you are not happy with the trustee, in which case, I would recommend you take action to remove the trustee before entering into any contract or... View More

I'm not exactly sure! Collection companies are known to use creative means to collect debts and this sounds like it could be one of them. The fact is, a collection company can only call and write demands for payment and if you inform them not to contact you by phone and request that all... View More