Get free answers to your Foreclosure legal questions from lawyers in your area.
I have not received any emails or mail notifying me of a notice. No one from the HOA office has called me back in over a week, and they have locked me out of my profile online and disabling me from making an online payment.
answered on Jul 25, 2017
What is their basis for doing so? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More 
Hi, I am buying a house that is in probate. Owner of house is passed away and wife is selling house as administrator of the estate. She is not on the title because they were married only a year before his passing. We of course have a time sensitive escrow and must close by July 26th or it will go... View More
answered on Jul 10, 2017
Your question may be confusing differing probate procedures for sales. If the administrator has the right authority, and the sale does not go through, you may be able to recover damages from the estate. You need a consultation with a probate/real estate attorney.
Military Lawyer confirmed estate under 100K didn't need probate. I'm the sole heir, 3 siblings, will distribute when process complete. Trustee says after the auction, their might be excess money available for the heirs. Trustee says "since there was no probate please submit the... View More
answered on Jun 23, 2017
San Antonio, TX:
I am a bit confused about the status of the heirs. You state that you are the sole heir, but have three siblings.
The form you want is called an "affidavit for collection of personal property." There are many examples online if you search for the form... View More
I'm a tenant in California the owner is trying to do a short sale before the property goes into foreclosure,I have been living here for over 6 years with my disabled father. The owners real estate agent advised me that they will make a offer to the bank for relocation assistance but advised me... View More
answered on Jun 10, 2017
Here are some useful links for you:
CA Tenant Rights: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
CA Evictions: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
Security Deposit issues: http://www.courts.ca.gov/1049.htm
Repairs and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2017
YOU NEED TO FIND OUT IF YOU MOTHER HAD A WILL. IF SHE DID NOT AND YOU ARE THE ONLY SON, THEN YOU HAVE TO GET HER DEATH CERTIFICATE AND ASK THE PROBATE COURT TO APPOINT YOU HER ADMINISTRATOR. THEN, WITH THE COURT LETTERS YOU CONTACT THE BANK OR TITLE HOUSE THAT HAS YOUR MOTHER'S MONEY AND ASK... View More
He filed foreclosure, and refused to sell it to me as a short sale. i had a paper indicated purchasing half share.what should i do to? how can i convince the bank to sell it to me as short sale? what are my rights in that case?
answered on May 22, 2017
Banks typically must approve short sales. It depends on the terms of your agreement with the owner, and whether you recorded any sale of the home in your name. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
answered on May 12, 2017
Sue them for what? Have a lawyer determine whether you have any basis for a lawsuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
The condo has a Non judicial foreclosure date of tomorrow but I have already paid Mays rent. What rights do I have as a tenant? How long will I be given to move out? I have been here 23 years.
answered on May 5, 2017
The new owner would be responsible to uphold any lease you signed.
See: http://www.aeesq.com/2011/02/18/renter-beware-northern-california-renters-rights-in-the-face-of-real-estate-fraud-and-investment-fraud/
By the way, the term executor is gender neutral. More details are... View More
I am a plaintiff pro per who filed a complaint and a preliminary injunction. There has been no answer filed yet. The court instructed me to amend my complaint. My question is when I amend do I have to underline/highlight the changes in the FAC? The changes are extensive. I also understand that I... View More
answered on May 4, 2017
You may be best off hiring an attorney to do this properly for you, as it sounds like you might be in over your head. If you can't afford a lawyer, spend time at your local law library. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More
To make things worse title to this house change illegally.Now my uncle open probate case for my grandma and he claiming the surplus funds.But grandmaNOT OWNER of this house.Im owner and I never gifted or transfer my house to my grandma.Thats a lie. So i dont know but i need to show judge theres... View More
answered on Apr 30, 2017
To challenge the ownership of the property, you'll have to file an 850 petition with the probate court for a determination of who is entitled to the proceeds from the sale of the property. Then you can make a claim for the proceeds. Contact an attorney for a full consultation.
I never gave the house to my grandma. But i see a doc filed saying i transfer to her. I need help. Theres a deadline. What do i do first to stop or hold disbursement of funds. Court has surplus funds right now Looks like my uncle filed grandmas probate saying hes next of kin He also filed claim to... View More
answered on May 30, 2017
You can file an objection with the court to challenge the probate proceeding. Contact an attorney for a full consultation.
divorce court issued the heloc his responsibility, and primary residence mine. I do not want to lose my home.
answered on Mar 22, 2017
Did you two refinance the home so that only his name would be on the loan? If not, then you may have to file a cross-claim against him seeking indemnification if a lender sues you for a deficiency claim, see:... View More
I went to foreclosure in California and my lender used his Power of Sale clause to auction off the house. The sell price went higher than the amount I did owe on the house and I am wondering if I have a right to the money above and beyond what was due on the house as previous owner before... View More
answered on Mar 6, 2017
Once the mortgage is foreclosed and the creditor take ownership of the property, that property belongs to them, and so does the money they make in selling it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
I filed a lawsuit in United States District Court Southern California, defendants have responded with request for judicial notice in support of motion to dismiss. My suit is an unlawful foreclosure. Hearing date is March 17, 2017 Is there a form?
answered on Mar 3, 2017
It sounds like you want to file and serve a continuance. You would have to draft such a request yourself. Head to your local law library for resources. You have to inform the other party and properly serve them. If they stipulate to the continuance, make sure it's in writing, and then attach... View More
I cant really think.Im devastated but i cant just sit.I need answers.Who do i direct myself to?Grandma did have live-in caretaker,this woman is gone wont answer my calls.I feel aimless.Dont know where to begin.I never got notified about sale of house or where cars were going or our furniture or my... View More
answered on Feb 15, 2017
I am sorry to here of your troubles. You case is complex enough that you need to talk with a lawyer to see where you stand, but here is some information that may help you along.
Where to find probate information: If you grandmother had no will and no trust, and assuming the house was not... View More
If a mortgage and title company violate Fannie Mae's Mandatory Selling Guide and allow a person not allowed to act as an attorney in fact to sign closing loan documents under a power of attorney, is the loan and Deed valid and if it is can it be voided in court?
answered on Feb 12, 2017
Might be voidable but you need to talk to a consumer law specialist who is a member of CAOC or www.naca.net
Home with mortgage owing left to children in parents estate. Estate settled but trust from that estate has not disperesed funds to complete and settle trust. Home is underwater. Appraisal does not cover loan due.
answered on Jan 31, 2017
Foreclosure is typically appropriate when the mortgage is in default for multiple months and all due notices have been recorded. Have a lawyer review the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More
landlord did not tell us about foreclosure issue. she stated she didn't have to. and to pay rent still . when we got notice in default in dec stated auction date is 12/07/16 mention it to her and said still pay rent she didn't have to explain to me about the issue still. she then... View More
answered on Jan 4, 2017
See: http://www.prometheuslaw.com/2011/02/18/renter-beware-northern-california-renters-rights-in-the-face-of-real-estate-fraud-and-investment-fraud/
The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More
My mom passed away, missed a couple of payments, mortgage company wouldn't accept payments, finally got the money for probate, house is to be auctioned, out of time, doesn't seem fair, need immediate help.
answered on Dec 3, 2016
You can file a petition for special administration in probate court to be appointed as the special administrator of your mother's estate. Then the mortgage company will deal with you as if you were her. Maybe then you can negotiate a delay in the foreclosure. Hire a probate attorney.
I was divorced about 8 years ago. While married we had a 1st and 2nd mortgage. The 1st is with Bank of America and the 2nd is with bank of the west. After the divorce I took his name off title and my name is the only one on title. In order to save the house, I had to file chapter 13 to get rid of... View More
answered on Feb 7, 2017
Did you refinance the mortgage when you changed the title to your sole name? If not, that may be the problem if your husband's name is still on the mortgage with the 2nd bank. They might be trying to collect the loan from him and using the house as collateral. More details are necessary to... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
