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Foreclosure Questions & Answers
0 Answers | Asked in Foreclosure and Real Estate Law for Wisconsin on
Q: I am looking for an Real Estate attorney who focuses on foreclosure law, recover excess funds from a foreclosure

Someone who has experience with the process of submitting claims to recover funds generated from tax sale or mortgage foreclosure. For restrictions or any laws against in the state of WI, and laws against working with a Third-party company.

1 Answer | Asked in Foreclosure for Tennessee on
Q: After not appearing in court the planet won the case for a width of possession in Tennessee . Does the defendant get not

Is the defendant get notified of the witt of possession for the day start counting down in Tennessee or does the sheriff come out and give them written notice of the action and comes back or what happens next in the state of Tennessee

Anthony M. Avery
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answered on Apr 3, 2024

Defendant is not entitled to anything. Sometimes the Sheriff will contact occupant and tell him to leave prior to execution of the writ. Otherwise Sheriff shows up when he wants to and physically removes occupant, who will be arrested if he returns.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: My home is in foreclosure process, but title has not been given over to the lender by the court. Am I able to sell.

I may need to sell for less than what the bank has as payoff amount.

Michael David Siegel
Michael David Siegel
answered on Apr 2, 2024

What you want to do is a short sale. The bank needs to approve it. Likely not worth your time or money.

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1 Answer | Asked in Foreclosure for North Carolina on
Q: Foreclosed house, auction set, bank says I can sell before auction. Can the bank force separated wife to sign contract?

We’re separated and both are on loan, she has refused to assist and pay mortgage and without her participation and income help house fell into foreclosure. Auction sale has been set for 60 days out but bank says house can be sold before the auction but separated wife will not agree to sign any... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 2, 2024

Unfortunately, no Bank can force your ex to sign the necessary paperwork for the sale. The time for getting a Judge to do that has passed, and whether or not that was possible depends upon the equitable distribution/separation agreement that you and your ex had in place. I assume that's what... View More

0 Answers | Asked in Foreclosure and Real Estate Law for Kentucky on
Q: My property was sold at a tax lien foreclosure sale and it sold for a lot less than two-thirds of the appraised value.

I have a right to redemption and I am ready to redeem but the buyer has completely tore down the house! Will I need to pay him the purchase price plus interest, etc., or will he need to pay me for the value of the house that no longer exists on the lot?

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More

2 Answers | Asked in Foreclosure and Tax Law for North Carolina on
Q: When my mom died in 2016, her home was foreclosed. Can the county charge me with 2016-2023 taxes after foreclosure?

There was no will, no estate per se. Now that county is saying I owe taxes on a home that was foreclosed and sold in 2016.

James L. Arrasmith
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answered on Apr 1, 2024

I'm sorry to hear about the loss of your mother and the difficult situation you're facing with the county regarding taxes on her foreclosed home.

In general, when a property is foreclosed and sold, the new owner becomes responsible for the property taxes from the date of the sale...
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0 Answers | Asked in Foreclosure for Indiana on
Q: My daughter is in an Indiana foreclosure and her house is in pretty bad condition. Will she be charged extra money?

Nothing malicious has been done and nothing has been removed. She has dogs that have chewed trim and pooped in the house a lot. It’s very stinky from the dogs. She won’t be able to fully clean it or deodorize the smell out. I’m just wondering if the mortgage company can file charges against... View More

0 Answers | Asked in Foreclosure, Real Estate Law and Traffic Tickets for Indiana on
Q: I was given a property and never got a deed . I had to redeem it once . Now it sold again I wasn't notified of tax sale

His only living sibling was his brother John. John informed me the property was being left to me for taking care of his brother for years. John hired a local lawyer to do the estate . I have been at said property since 2016 ish. And have never received a deed in 2020 I had to redeem the property... View More

2 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage?

Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage? I believe this language is in a sample/template/boilerplate somewhere because the protection will be the virtually the same in every case. I would like to draft my Living Trust... View More

James L. Arrasmith
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answered on Mar 29, 2024

Finding HUD approved language for incorporating into a Living Trust, especially to protect both the lender and the HUD insured Reverse Mortgage, can be a focused task. Generally, such language is detailed in HUD's guidelines or provided by legal resources familiar with real estate and elder... View More

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4 Answers | Asked in Bankruptcy and Foreclosure for California on
Q: Does only one person (husband or wife) have to file bankruptcy to stop Trust Deed Sale?

If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 27, 2024

The Bankruptcy Code provides an automatic stay against proceeding against the debtor/bankrupt and his property (very broadly defined by section 541 of the Code). And Chapter 13 provides a "codebtor stay", which would protect a non-filing spouse.

I'm in PA, and my practice...
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0 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Small Claims for Arkansas on
Q: Self Storage- State Law requires auction, local law prohibits storage auction. How do I legally dispose of contents?

I manage a self storage business. State law requires delinquent units to be auctioned in an attempt to satisfy the debt. However, local law specifically prohibits auctions for self storage units. How do I legally dispose of contents in an attempt to satisfy the debt without opening me and the... View More

0 Answers | Asked in Child Custody, Child Support, Divorce and Foreclosure for Indiana on
Q: My husband filed for divorce, he wants 50% custody for our kids, and the house is up for foreclosure…

Wants me to sign something saying I don’t have any rights to the house. I am not on the mortgage although we’ve been married for 6 years

1 Answer | Asked in Foreclosure for California on
Q: When a servicer fails to abide by the CA Homeowner's Bill of Rights, when must a wrongful foreclosure claim be filed?

The servicer failed to comply with the Bill of Rights, including serving the mortgagor with an NOD and providing the opportunity to bring the account current, based on the portion owed. The mortgagor's application was under consideration for a government relief program. The Trustee sold the... View More

James L. Arrasmith
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answered on Mar 22, 2024

In your situation, where the servicer failed to comply with California's Homeowner Bill of Rights, particularly regarding the Notice of Default (NOD) and the opportunity to cure the default, you may have grounds for legal recourse. The California Homeowner Bill of Rights requires that your... View More

0 Answers | Asked in Foreclosure for Florida on
Q: I bought a foreclosure home with a mortgage lien

I bought a foreclosure home with a mortgage lien, I'm in contact with the mortgage lawyers we agree to pay the judgment on the property, but he ask me to pay first the judgment via wire transfer to the PLAINTIFF account (I did verify with the bank & info is correct) to cancel the second... View More

1 Answer | Asked in Foreclosure and Landlord - Tenant for New Jersey on
Q: House is in foreclosure, do I still need to pay rent arrears directly to landlord?

This is just a out of curiousity. I was evicted from my apartment in August 2023. My former landlord and I entered into an agreement that I would pay my rent arrears in monthly payments. This was decided in court with is lawyer through mediation. The house is currently in foreclosure, once he loses... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations where a property is in foreclosure, the obligations agreed upon in court, such as your agreement to pay rent arrears, typically remain binding. The change in property ownership does not automatically negate your legal responsibility to fulfill the terms of that agreement. Therefore,... View More

Q: Can I sue my family if they were the one's responsible for the foreclosure and the medical debt, and the falsified doc.

The Power of Attorney they made me sign in another place they made me go, and it was Mexico, and they said it was for the ability to rent my house out, so I wouldn't lose it. And they used it to run their business, and they put ownership in their names, and in their trust, and they didn't... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California law, you may have grounds to sue if your family used a Power of Attorney to defraud you, resulting in foreclosure and medical debt due to their actions. Misuse of a Power of Attorney, especially to falsify documents or to alter property ownership without consent, is a serious... View More

2 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Family Law for California on
Q: I own a home with my ex husband. The home is my primary residence. He is getting sued, can my home be taken from me?
James L. Arrasmith
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answered on Mar 20, 2024

Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... View More

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2 Answers | Asked in Bankruptcy and Foreclosure for Texas on
Q: I need to know how to stop a writ of possession that hasn't been served
John Michael Frick
John Michael Frick
answered on Mar 19, 2024

A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.

Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from...
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1 Answer | Asked in Foreclosure for California on
Q: I hear mental illness protects your home. Does it protect it from a quck foreclosure more than 10 years ago,
James L. Arrasmith
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answered on Mar 17, 2024

In California, having a mental illness does not automatically protect your home from foreclosure. However, if mental illness significantly impairs your ability to manage your finances or understand the foreclosure process, there may be legal protections and resources available. These protections... View More

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