Get free answers to your Foreclosure legal questions from lawyers in your area.
i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i... View More 
answered on Sep 12, 2024
While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.
Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any... View More
No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.
answered on Nov 15, 2023
I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.
To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate... View More
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answered on May 26, 2023
Wife can convey her title interest to her Husband anytime prior to foreclosure, but it is still subject to the secured mortgage debt. It would be another reason for the noteholder to foreclose.
Pay it ?Additionally I’m waiting for the title to the land
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answered on Dec 7, 2021
The mortgage note is not your obligation. But the mortgage secures the payment of the note against the land...If unpaid, then foreclosure occurs.
We don't plan to take any action to stop it and plan to move out fast as we can but its happening slow so how much time do we have before the sheriff comes out after the immediate surrender letter?
I borrowed 48,000 16 yrs ago the 1st 6 yrs was 11.25% after modification it was still 8.9 alabama max is 8. I still owe 41,000 and I've already pd approx 83,000 and they still want to forclose what are my options?
answered on Dec 18, 2020
Plead the usury and fraud in the foreclosure action against you as affirmative defenses and file a counterclaim for overpayment.
We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held... View More
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answered on Oct 19, 2020
There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.
For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking... View More
Move in asap? If so what paperwork do I need to file. I've noticed a couple different forms that could be filed. I Know to change the locks. I need to know the right way to go about it so I don't get in trouble or go to jail for something I didn't understand.
answered on Jan 19, 2019
Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to... View More
The neighbors were removed from the home and have left a mess in the yard with property that they did not take. How long do we as neighbors have to look at it before we can clean or bag it all up.
answered on Aug 16, 2018
Go to the county revenue commissioner website and look up the owner of the property. The tax record should have a mailing address. You can send a letter to the owner to request that they clean up the property and if they do not act within a reasonable time, contact the Mayor's office in the... View More
Selling home which I own outright. Need to know in event of default if I have a right to reclaim and evict in Alabama. Selling it at auction would not be an option. Can I hold the title until it's paid off? Doing my homework in advance. Thank you.
answered on May 6, 2018
To answer the question you would need to disclose if this is an Alabama Contract for Deed or a Vendor Lien Deed, both of which would ( if drafted properly) set out your legal remedies in the event of “default,” which should also be defined in the document.
Are we liable for a line of credit loan on a HECM reverse mortgage loan that states NO REPAYMENT in contract. How are they trying to auction said property. Please help
answered on May 6, 2018
The reverse mortgage lender has a security interest, or “lien,” on the real estate. You may be able to file a Ch 13 Bankruptcy case if you have an expectancy legal interest in the property as a legal heir. You would not be personally liable for the reverse mortgage if you simply surrendered... View More
I have the title to the car and it’s in my name.
answered on Mar 6, 2018
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.
Office. I had to go through some nasty people to be given 3 hours to remove what was left in the home. The home sold for $10,000 more than was owed. The bank refuses to talk to me. What is my recourse?
answered on Mar 7, 2018
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... View More
Property was left to two grandson and Will has not been probated. Mortgage company will not discussed with me, the daughter, citing Will not probated. Property located in Hayneville AL. BALANCE IS AROUND 24,000. Grandmother died July 18, 2017.
answered on Mar 7, 2018
The mortgage still has to be paid. The mortgage company can still foreclose on the home if the estate does not make payments on it.
on it and sold it for less than was owed. Our daughter filed bankruptcy. My husband died. And the bank says that I must pay the $25000 plus interest. (Eventhough they had assured me after his death that I would not owe it). Do I have to pay it?
answered on Oct 20, 2017
Assuming that you have signed a personally guaranty of your daughter's mortgage loan, then it is likely that you have potential legal liability for the remaining deficiency following the foreclosure sale. However, in order for the mortgage lender to have the legal right to pursue you for that... View More
Her daughter was supposed to be making payments on the house while she was sick and unable to, we recently found out she had not been doing so obviously. If I contact the mortgage company, is there a possibility that they will work an agreement out with me to pay the past due balance? I have the... View More
answered on Sep 12, 2017
The short answer is that you have to pay the mortgage. You can't stay there and not pay. The mortgage company probably (if the mortgage is properly drafted) has a right to foreclose on the property and then get a foreclosure deed to the property without any Court proceeding. Then, you have 10... View More
answered on Mar 7, 2018
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.
We foreclosed in 2015 due to health and income issues now that we are back on our feet can we purchase a home now
answered on Mar 7, 2018
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.
Can we legally take the a/c unit which we helped her purchase ($2000)
Thanks for your help
answered on Mar 7, 2018
No.....once you purchase a central a/c unit it becomes a fixture and part of the house.
This was my mom's home with a reverse mortgage that was recently taken over by Fannie Mae. We are still in the process of removing our belongings. Hi
Hello
answered on Mar 7, 2018
No you cannot, the a/c unit becomes a "fixture" and thus part of the home.
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