Yes they can still foreclose. There is no such statute of limitations on secured debt. Talk to your chapter 13 attorney as to your options. If you cannot remove the lien in the chapter 13, you may have to pay to keep the home, or you may have to consider selling the house.

I think there are initially two issues. What makes you feel this loan is illegal? And, exactly what did you say on the loan application?

Hard money loans are not automatically illegal but normally are made to persons who own a business and are intended for business purposes instead of... View More

the loan is secured on the property which means they can foreclose at any time, even 10 years later. to avoid foreclosure, you are going to need to pay the balance due in a lump sum, negotiate the payments due, or file a chapter 13 bankruptcy and do a payment plan to catch up to avoid foreclosure.

You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.

Your mom needs to call and consult with a lawyer that is familiar with real estate and bankruptcy law. If she is on title, he cannot sell without her permission. If he stopped paying the mortgage, she needs to pay the arrears if she wants to stay in the house. If there is equity in the house and... View More

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answered on Mar 23, 2021

You are going to have to elaborate a lot more. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

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answered on Feb 16, 2021

You really need to provide far more specific information in order to obtain a meaningful answer.

the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.

As long as there is no legal action pending (i.e. a divorce) and as long as you are not represented by counsel, you are helpless. The first step towards getting control over the situation is getting court orders. Start by filing a petition for dissolution.

Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... View More

If your ex does not want to cooperate, there will be a long and VERY EXPENSIVE court proceeding called a Partition, where the Court can order the house to be sold, and proceeds divided. You need to contact her and explain that any cost for this is going to come out of the sale proceeds and is... View More

For a creditor to put a lien on real property there usually must first be a judgment. Once there is a judgment against a certain individual then that judgment creditor can enforce their judgment by either placing a lien on real property, garnishing wages, or placing a levy on a bank account. The... View More

It can be place on there While the parties are alive. If the debtor passes first, the creditor must remove the lien or risk blemishing title. If the non debtor dies first, besting title in the living debtor, creditors are free to collect on the debt and the lien is secured.

You really need a California lawyer to respond to this question, but under traditional common law principals (which may not be so common in California) a lien for debt does not arise until it has been reduced to judgment. Thereafter there is a process, pretty much unique to each state, on the... View More

yes ,you are entitled to a return of your security deposit if home is left in condition it was when you moved in. I hope you have photos to prove it. You are also supposed to get a 30 day notice.

If you are not comfortable with the situation, give notice, and move. 30 days is pretty standard. Tell LL to take last month out of the security deposit. Ask for a Pre-move out inspection by LL to go over what repairs he believes are needed. BTW- you are absolutely entitled to have the LL give... View More

Under normal circumstances your payment of rent is not dependent on the Owner paying the mortgage, which is unfortunate because if the LL does not pay the mtg. the house is foreclosed and you are evicted by the bank. I have never heard of a bank letting a renter stay and pay the rent to the bank,... View More

declare bankruptcy

The good news is, because of the pandemic, the court system is shut down and it is unlikely a foreclosure will occur in the immediate future. However, this does not solve your problem. I suggest you write the attorney who has been handling this matter and explain the situation clearly as you have... View More

"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.

Here's a link to the... View More