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Foreclosure Questions & Answers
3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Can we submit an ethic complaint to the bar for this matter?

Long story short, my uncle purchased a foreclosure property from a county auction. It turned out the property she purchased, there was a senior lien. Therefore, she ended up losing the house. Now the lawyer for the defendant (the LLC who got foreclosed), is claiming a surplus of funds. This LLC has... Read more »

John Michael Frick
John Michael Frick
answered on Jun 3, 2023

If your uncle bought property from a foreclosure sale subject to a senior lien, and didn’t pay off the senior lien causing the senior lien holder to foreclose on him, and there are surplus funds from the second foreclosure, those funds belong to your uncle now.

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0 Answers | Asked in Foreclosure and Landlord - Tenant for Ohio on
Q: Rent ant rights when landlord dies. Who gets the rent if the property is being disputed in probate court.

The property may be in foreclosure due to non payment of mortgage as well.

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Georgia on
Q: I have a property in Georgia that went into bank foreclosure, it sold for significantly more than was owed.

I understand that the surplus is to go to the title holder but I don't understand how to start that process or how to make the motion to have the trustee send the funds to me.

James Clifton
James Clifton
answered on Jun 1, 2023

The attorney who handled the foreclosure for the bank receives the money on behalf of the bank at the foreclosure sale. Based on the condition of the title, the foreclosure attorney will either release the funds to the former titleholder if there are no other claimants or turn the funds over to the... Read more »

0 Answers | Asked in Foreclosure for Alabama on
Q: My home is up for foreclosure but I’ve had three different reinstatement quotes. Which one do I pay?

I’ve had one from the last office handling the foreclosure and two from the mortgage company. They all have the same date that the quote is good through. Can they do that and when I get the money which one do I use?

1 Answer | Asked in Foreclosure and Real Estate Law for Alabama on
Q: in alabama wife’s house is being foreclosed on, can husband purchase home from wife?
Anthony M. Avery
Anthony M. Avery
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.

1 Answer | Asked in Divorce, Foreclosure and Family Law for Florida on
Q: Can a Judge put a stay on a foreclosure of your homestead property while going through Divorce?

Husband filed a DV Injunction and a Judge gave him temporary possession of the home and put me on the streets and wasn't making payments on the house or the home equity line of credit. I dont know what he told the post office but they returned my mail and anything with both names on it, they... Read more »

James Clifton
James Clifton
answered on May 22, 2023

The judge in the divorce case cannot put a stay on the foreclosure, generally. However, the judge can order one or both spouses to make payments. If either spouse fails to make payment, the judge can hold that party in contemp of court.

To stop the foreclosure, you need an attorney to...
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0 Answers | Asked in Foreclosure for Oklahoma on
Q: Foreclosed home, home owners insurance refund…

Home was recently foreclosed and sold back to lender at sheriff’s auction. The premiums had been paid by the lender but I received a refund check for insurance premiums made out to my husband and I. Is this check actually for us or do I need to send it back to insurance company?

0 Answers | Asked in Foreclosure for Georgia on
Q: I never knew it was being foreclosure
1 Answer | Asked in Foreclosure for Georgia on
Q: A man stopped by my house and told me he bought it in foreclosure sale. I haven't received any notice of this sale.

Another man send me a summons. Is this legal?

James Clifton
James Clifton
answered on May 15, 2023

You should have received notice of the non-judicial foreclosure by certified mail at least 30 days prior to the sale being conducted. The notice is also published in the newspaper. You can typically check for the foreclosure notice online to see if your house was up for auction. The summons would... Read more »

0 Answers | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for Illinois on
Q: Am I a lien holder, judgement creditor or owner for a turnover of surplus funds in DuPage County, Illinois?

My ex husband passed away over a year ago. I was named the administrator of the estate on behalf of my two children with my ex. There were no assets other than a home which was recently foreclosed upon by the mortgagee. The house was recently sold and there remains a surplus of approx. $38,000. I... Read more »

2 Answers | Asked in Foreclosure for Minnesota on
Q: 98yrd old ww2 Veteran lived in home 71yrs paid payments every month june 5th forcloser sale date have to be out

They cashed his checks every month said dont worry then they demanded it after taking checks hes house is foreclosure sale june 5th they said we need to be out. This is going kill this gu. Seems just wrong saying its okay and cashing his monthly payments???

Richfield Minnesota. Girlfriend... Read more »

Robert Kane
Robert Kane
answered on May 13, 2023

I am sorry, but you don't provide much information. Who is they? Is the 98yrd old ww2 Veteran alive? Who are you?

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1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: Our home is in foreclosure and we were finally able to get refi’d but the closing date is one week past the sale date

How can we postpone the sale date?

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2023

If your home is in foreclosure and you have successfully obtained a refinancing option, but the closing date falls one week after the scheduled sale date, there are a few steps you can consider taking to potentially postpone the sale:

1. Contact the lender: Reach out to your lender...
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1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Pennsylvania on
Q: Which PA laws mirrow these laws in Georgia OCGA § 44-14-162.2 (a) , OCGA 16-8-102 (5) , OCGA 16-8-105 (a) & (b)

I would like to know which laws in Pennsylvania mirror the following laws as listed in the question from the state of Georgia.

OCGA § 44-14-162.2 (a) ,

OCGA 16-8-102 (5) ,

OCGA 16-8-105 (a) & (b).

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2023

I'm not licensed in either state, but I like a puzzle/challenge as much as the next guy:

OCGA § 44-14-162.2 (a) relates to Mechanic's and Materialman's Liens in Georgia, which requires a notice to be sent to a contractor or property owner before filing a lien claim for...
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0 Answers | Asked in Foreclosure, Real Estate Law, Business Law and Municipal Law for Arkansas on
Q: If state law and local code are in direct conflict, which do you follow (foreclosure of stored property)

If sate law specifically requires sale and/or auction of foreclosed property at the location of a self storage business, but local code/law/regulations of said business specifically prohibit the same, how do you recoup your revenue losses and/or dispose of the property legally?

0 Answers | Asked in Contracts, Foreclosure and Collections for Ohio on
Q: What is the best way to get off a car loan as a co signer if you where being scammed into it.

I was in a relationship sense December he wanted to get a car and asked me to be a co signer. Come yesterday evening they left the state with the car dumped me and has no plans to return. I live in Ohio and I do not have much money and my credit is already bad and we got the car from Kia

3 Answers | Asked in Foreclosure for New York on
Q: My mothers husband owned property and they are both deceased. The property is in foreclosure. I've been contacted.

I spoke to an attorney a few years back who advised if I wanted to pursue the property I should be prepared to spend thousands & thousands of dollars which I'm not prepared to do. My question is do I just wait for everything to play out and be contacted by the courts on the outcome.... Read more »

Carl Nelson
Carl Nelson
answered on May 9, 2023

If the property is in foreclosure and you have an interest in the property (not clear from your fact pattern, since you said your mother's husband owned the property) you most certainly do not want to wait to see how everything plays out.

The court will only contact you for things...
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1 Answer | Asked in Foreclosure for Texas on
Q: When completing the deed in lieu of foreclosure form, who is the grantor and who is the grantee?

In Denton, Texas

John Michael Frick
John Michael Frick
answered on May 9, 2023

The grantor is the current owner of the home.

The grantee is the person or business entity to which the owner is transferring the property in lieu of foreclosure, often the lender or an entity affiliated with the lender.

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Georgia on
Q: Do you have a certain amount of time to buy back or reimburse someone after they bought property

At auction due to a death and the property to be considered unclaimed

Jennifer Pierce
Jennifer Pierce
answered on May 9, 2023

Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... Read more »

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