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Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for Texas on
Q: if you defaulted on a mortgage for an investment prop. with a personal guaranty what can be done to prevent a judgement?

the lender has filed a suit against us and I am trying to see what options we have.

John Cucci Jr.
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answered on Sep 11, 2024

The best way to prevent a judgment on a mortgage, you guaranteed, is to pay what is due.

If the bank has sent you the default letter, and has requested and demanded an acceleration of the note, making the whole amount due, it will be sold at auction soon.

The only way you can stop...
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0 Answers | Asked in Foreclosure and Real Estate Law for Ohio on
Q: can a mortgage company wait 10 years to foreclose on a property to get your name of the deed?

we left a house that was falling down around us back in 2010 and just found out that the mortgage just came out of our name is 2022, therefore costing us the home we was in contract under to purchase

1 Answer | Asked in Foreclosure for Michigan on
Q: My brother was buying my house on verbal land contract, which apparently is illegal in MI. He's not making payments

He has borrowed back most, my issue, but he has not paid anything in a year. The courts do not seem to be helping, tried evicting both as a tenant and under land contract. The court keeps saying it falls under neither.

Brent T. Geers
Brent T. Geers
answered on Sep 11, 2024

You probably need to file a 30-day notice to quit, then an eviction action. He is a month-to-month tenant. The court is correct that when it comes to land, a verbal agreement is worth the paper it's printed on.

0 Answers | Asked in Foreclosure and Real Estate Law for Indiana on
Q: A few years ago My sister moved into my house and I tried to get her evicted through the court . Everything was in name.

I work in another town so I got an apartment because it was not barrage to live with her . I changed my address for mail.. well my sister went to the bank and had all mortgage paperwork sent to her with “ care off” and her name and address.. then she never paid the mortgage. Ihad no idea she... View More

0 Answers | Asked in Estate Planning and Foreclosure for Mississippi on
Q: How can you evict someone off your land if the have a trailer on the site?

My mother has allowed her niece put a trailer on her property. The house is not kept and is an eye sore and we want it removed she’s never paid anything for it.

0 Answers | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Florida on
Q: My Dad passed in 2018.House was paid off.Step mom did a reverse mort and then died. The house just sold.No will.Now what

Pinellas County Clerk of the court case#23-008034-C1

My step mom got re-married. She had me sign something after my Dad died that I assume was for that reverse mortgage but only showed me the last page of a huge document. I have never been mailed any documents during this entire mess from... View More

0 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: I was under an active loan modification when my mortgage was transferred to another servicer. The new one isn’t honoring

I had made all all trial modification payments and the first actual permanent payment. I even had to have the loan modification notarized and mailed back to my previous lender. Previous lender told me that the new servicer should honor everything I had set up previously. I signed up for the new... View More

1 Answer | Asked in Foreclosure for Tennessee on
Q: My home was sold at a foreclosure sale. It sold for 246,000.00. My home and 250 acres on a river.

The person who bought it just sold it for 1.3 million dollars. I have been searching irregularities in foreclosures and found that if the sale price is significantly lower that the value, it could possibly be challenged. I am in Tennessee.

Anthony M. Avery
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answered on Aug 30, 2024

That would be an uphill climb to claim it shocked the Court's conscience. You might look for an attorney to file it, but it is doubtful. The foreclosure sale is what you would attack, not the later sale. So time is running against you. Foreclosures must be enjoined before the sale... View More

1 Answer | Asked in Foreclosure for Texas on
Q: Need advise/help

Our situation is several years ago we got property tax assistance from one of those places they help you pay your taxes at the time it was with Sombrero Capital through the course somehow our account was bought by or transferred to xx . We were making our payment on time but them the pandemic hit I... View More

John Cucci Jr.
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answered on Aug 28, 2024

Sorry to hear about your problem.

You need to go to the County Clerk Office and get a copy of the judgment against you. It would be good to also ask for the :Clerk's Minutes" on the case. That is because you want to know the dates of the lawsuit filing and other matters. As you...
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1 Answer | Asked in Foreclosure and Real Estate Law for Louisiana on
Q: real estate company I work for won a lawsuit judgement in Dallas. We need to foreclose in New orleans what do we need

The original judgement was won in 2013. We have received a renewal on it Feb 2024. We want to know how to proceed with an Attorney in New Orleans.

Anthony M. Avery
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answered on Aug 30, 2024

Post query in LA, not TX. Hire a LA collection attorney or real estate litigator. The foreign Judgment will need to be localized if it has not already been. Hopefully you have the Judgment filed as a lien. A bond may be required to execute the levy.

0 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for Rhode Island on
Q: How to serve corporations like Fannie Mae and MERS? They have refused to being served for civil complaint

I paid for process server to be deliver summons to these two companies. FANNIE MAE rejected the summons. And apparently MERS " has moved" from the address they provide online.

1 Answer | Asked in Foreclosure, Real Estate Law, Civil Rights and Constitutional Law for California on
Q: i was phisically removed from a property after being served with a sheriff lockout while not being named on the paperwok

what can i file for an judge to dedcide the same day on giving me back my rights to the property after wrongful eviction and lockout

James L. Arrasmith
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answered on Aug 26, 2024

If you've been wrongfully removed from a property after a sheriff lockout, especially if you were not named on the paperwork, you may have grounds to challenge the eviction. You can file an "Ex Parte Application" for a temporary restraining order (TRO) to regain access to the... View More

0 Answers | Asked in Foreclosure, Real Estate Law and Family Law for Indiana on
Q: If my husband puts himself on a mortgage, can I be held liable if they foreclose

Husband and I are physically separated, but not legally. His grandfather passed away and my father-in-law is supposed to take over the mortgage but I'm fairly confident that he won't meet the credit score and work history requirements. If my husband takes over the entire mortgage, or... View More

0 Answers | Asked in Foreclosure for Florida on
Q: my fiance had a mortgage company so her home from her and I think they used illegal and immoral tactics to do it

They tried to put her in a program to keep her home but the email address they gave her to submit her documents didn't recieve emails they used that to get a foreclosure. They continued to give her emails she couldn't send her her documents to do they could then so her home because she... View More

1 Answer | Asked in Appeals / Appellate Law and Foreclosure for California on
Q: When a wrongful foreclosure case is dismissed with prejudice without appearing in court, how to appeal?
James L. Arrasmith
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answered on Aug 21, 2024

If your wrongful foreclosure case was dismissed with prejudice without appearing in court, you have the option to appeal the decision. The first step is to file a notice of appeal with the court that issued the dismissal. This must be done within a specific time frame, typically 60 days from the... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Washington on
Q: I filed a will contest, I was told since I did not serve other party within 90days they are trying to dismiss it.

Need help with an estate issue , and a probate/will

Anthony M. Avery
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answered on Aug 20, 2024

Hire a WA that knows how to contest the probate of a will.

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New York on
Q: Hello how do i find out the status of an Heir property ?

There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate

'

Jack Mevorach
Jack Mevorach
answered on Aug 18, 2024

Contact the Executor of the estate and inquire.

Jack

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1 Answer | Asked in Foreclosure, Real Estate Law, Appeals / Appellate Law and Constitutional Law for Puerto Rico on
Q: My grandparents house got took by Puerto Rico's government while trying to sign it over is this possible?

My mother has the paperwork from my grandfather to get over to her name. What could we do?

James L. Arrasmith
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answered on Aug 31, 2024

If your grandparents' house was taken by the Puerto Rican government while you were in the process of transferring ownership, it may have been due to a legal action like eminent domain or foreclosure. You should first confirm the exact reason why the property was taken, as this will determine... View More

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