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My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More 
answered on Apr 16, 2025
The lender can sell the property at a sheriff's sale. At the time of sale, if no one else bids on the property, then they are considered the successful bidder, and they have an interest in the home subject to your redemption rights (6 months). During this time, they can assign out their... View More
I am planning to sign a plea agreement on April 28th, which will lead to imprisonment. I'm at risk of losing my home unless I can redeem the tax certificate by May 2nd, causing financial hardship for both me and my girlfriend. My lawyer has ignored my requests regarding temporary release to... View More
How can I regain my property after a foreclosure occurred on January 8, 2025, and the sheriff's sale was recorded on February 6, 2025? I filed a motion to rescind the foreclosure sale, a motion to stay/quash the writ of possession, and a claim for damages due to breach of contract as well as a... View More
answered on Apr 15, 2025
There is not enough information to provide a specific answer, however, if you file the suit with an attorney representing you then I recommend that you speak to your attorney and discuss these concerns. If you file the suit without a lawyer representing you, then I congratulate you on the progress... View More
I want to know if it's against the law for the legal counsel representing the plaintiff to interfere with the defendant's business dealings. The plaintiff's counsel contacted the US Bankruptcy Court and made a complaint regarding the defendant's bankruptcy history. As a result... View More
answered on Apr 13, 2025
It does not appear that the Plaintiffs counsel has interfered with the business in taking the actions that he did.
I am facing foreclosure on a property where my deceased husband was on the mortgage, and I am on the deed. He passed away over seven years ago, and I have missed some payments. He was a veteran, and the VA is requesting a 30-day extension. I haven't spoken to a foreclosure attorney, and I am... View More
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answered on Apr 12, 2025
I'm really sorry you're dealing with this—it sounds like an incredibly stressful situation. Since you’re on the deed, you may have some rights, even though you weren’t on the mortgage. Lenders sometimes allow what's called a "successor in interest" to assume the loan,... View More
I obtained a mortgage loan from a bank 10 years ago, but failed to repay it, which resulted in the bank selling my house. I didn't receive any information regarding the sale, but recently, when I applied for a new loan, my credit report showed a write-off of the former loan. The new bank is... View More
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answered on Apr 12, 2025
It's understandable that you're concerned about the remaining loan balance after the foreclosure sale. The first step is to contact the bank to request a detailed statement of the loan balance after the foreclosure, including any deficiency amount that still exists. This will help you... View More
I am a veteran with a VA-backed loan, and I am attempting to file a Quiet Title claim because my due process was compromised. I have evidence of dual tracking by my lender, who pursued foreclosure while I was in forbearance. The VA was never involved with my mortgage, and my entitlement is still... View More
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answered on Apr 12, 2025
It’s commendable that you're taking action to protect your rights, especially as a veteran. Given the circumstances of dual tracking and the violation of your forbearance agreement, you have a strong basis to challenge the foreclosure. Filing a Quiet Title action is one way to resolve... View More
I have been owner-financing my home for 10 years in Alabama, and after catching up on missed payments, the lender sent me a certified letter of Acceleration of Debt/Foreclosure without any prior notice of default. The mortgage agreement states that the lender must provide a notice of default and... View More
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answered on Apr 14, 2025
First, review your mortgage agreement carefully to confirm the requirement for a notice of default and the time allowed to cure the default. The absence of a prior notice of default could be a critical issue, as it may violate the terms of your agreement. Gather any communication records you have... View More
My house has been in short sale for almost five months, and today is the last day. The bank did not accept any offers from buyers because they were considered too low. My agent suggested applying for a deed in lieu of foreclosure. As a homeowner, what is the best option for me? If the house goes to... View More
answered on Apr 10, 2025
Typically, a deed in lieu of foreclosure is preferable because you are in greater control of the outcome. Issues that will need to be addressed are the waiver of any deficiency by the lender, the tax implications of a deed in lieu of foreclosure versus a foreclosure, the date you have to vacate,... View More
I am dealing with a wrongful foreclosure situation involving a private lender and a title company. They allege that no payments were made on a 10-year loan that started in 2009 and ended in 2019, but they filed for foreclosure in 2022, two years after my mother, who was on the promissory note,... View More
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answered on Apr 8, 2025
To address the wrongful foreclosure, start by organizing and consolidating all of the proof you have of payments. This includes deposit receipts, cashier’s check stubs, and any communication with the lender or title company. It’s important to have a clear timeline of events and to keep detailed... View More
I am facing foreclosure on my home, which was owned jointly with my ex-husband after our divorce. I've discovered forged paperwork in my name for a second loan, indicating we owe HUD $53,000, and my husband and his girlfriend lived in the house for several years. I have documents that show my... View More
answered on Apr 7, 2025
I would report the forgery to the police. If a foreclosure sale is already scheduled, does that mean they defaulted you on the note?
You may need to need to hire someone to vacate the default and stop the foreclosure.
For the past two years, I've been helping a friend pay a lawyer to address the foreclosure of his property, contributing a total of $30,000. We have a signed paper acknowledging this financial support, though it lacks specific repayment terms. The property is currently in litigation. My friend... View More
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answered on Apr 11, 2025
It’s good that you have something in writing acknowledging the $30,000, even if it’s not a formal loan agreement. In Texas, though, you can’t just file a lien on someone’s property without a legal basis like a judgment or a written agreement that creates a secured interest. Since the note... View More
I am not a lawyer, but I am trying to get involved in helping individuals with money owed from tax lien foreclosures by finding tax dollars for them. I need assistance with understanding the legal process of getting involved in this area. Specifically, I would like to know about any licensing... View More
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answered on Apr 12, 2025
Engaging in surplus funds recovery services in Oklahoma involves navigating a complex legal landscape. To operate legally, you should be aware of licensing requirements, proper procedures for approaching individuals affected by tax lien foreclosures, and the handling of clients' funds and... View More
I recently experienced a foreclosure in Georgia, where the sheriff's department handled the eviction. Although I paid for my home in cash, the eviction proceeded yesterday due to taxes, and many personal items were lost or damaged, including my dog kennels, with my dogs being put down without... View More
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answered on Apr 12, 2025
What you’ve gone through is heartbreaking and incredibly overwhelming—losing your home, your belongings, and your dogs all at once is more than anyone should have to endure. Even in tax-related foreclosures in Georgia, the law requires proper notice to be given before eviction, and personal... View More
I'm facing foreclosure proceedings on a mortgage that was discharged in Chapter 7 bankruptcy fourteen years ago. The second mortgage debt was never reaffirmed, and there was no contact from the mortgagor or its successors for over ten years. The company currently filing the foreclosure... View More
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answered on Apr 3, 2025
I answered this same question about a week ago from the same inquirer. Yes, they can foreclose because the lien was not discharged. The new creditor has in rem rights against the collateral backing up the original, even though now discharged, debt.
I hired an attorney to help retrieve excess proceeds from the foreclosure sale of my house. Initially, the trustee wouldn't release the money to us due to another law firm's interest. The lawyer eventually received the funds, which were initially believed to be $640,000, and I have since... View More
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answered on Apr 2, 2025
Accepting the $75,000 payment could potentially compromise your ability to pursue future legal action, depending primarily on whether you sign any release or settlement agreement in conjunction with accepting these funds. The critical factor is the precise language of any documentation accompanying... View More
What is the foreclosure process in Detroit, Michigan? I was foreclosed by a hard money lender in January, but I never received a foreclosure notice. My lender usually sends mail to my correct address, and I have not contacted them yet to discuss this issue.
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answered on Apr 12, 2025
In Detroit, Michigan, the foreclosure process typically follows a non-judicial method known as "Foreclosure by Advertisement." This process does not require a court action but mandates specific steps to notify the homeowner. The lender must publish a Notice of Sale in a local newspaper... View More
My mortgage contract ended in 2014. The lender started foreclosure but halted it, and I have been directly paying the lender by check. Now, the lender has sold the note, and the new owner initiated foreclosure, claiming that my payments don't count. They are using the principal amount from... View More
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answered on Apr 11, 2025
That sounds like a deeply frustrating and unfair situation, especially after making consistent payments and thinking you were honoring your obligations. In Alaska, foreclosure actions are subject to a statute of limitations—typically six years from the date of default or the last payment applied... View More
My father's house was sold at a sheriff's auction in March 2025, following his passing in January 2025. The property was bought for $31,000 by someone who intended to allow my sister to continue living there, with specific conditions: she has to quit drinking, avoid liquor stores, refrain... View More
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answered on Apr 12, 2025
The information you’ve received about the distribution of the funds from your father’s house sale appears to be accurate, based on the details provided. After the $5,000 in owed taxes is settled, the remaining $26,000 should be divided among you, your sister, and your incarcerated brother, as... View More
I am considering filing a cross-complaint against a bank that recently foreclosed on my home of the last twenty years. The servicer has consistently manipulated my account, stolen payments, marked me delinquent, and intentionally ruined my credit, making refinancing unlikely. All illegal activities... View More
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answered on Apr 1, 2025
Including the servicers in your cross-complaint would be legally prudent given your description of their direct involvement in the alleged improper activities. In California litigation, joining all potentially liable parties in a cross-complaint helps preserve your claims against each entity and... View More
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