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1 Answer | Asked in Foreclosure for California on
Q: I filed a mechanic lien for $150000 in bellflower property. What is the average cost to file a foreclosure on this lien

I am a licensed general contractor I filed the lien and was recorded 3 weeks ago

James L. Arrasmith
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answered on Jul 26, 2024

Filing a foreclosure on a mechanic's lien in California involves several steps and costs. The first step is to file a lawsuit to enforce the lien, which typically requires paying court filing fees. These fees can range from $435 to $465 depending on the court. You might also incur additional... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: HOA filed compliant judicial foreclosure of lien and damages. If I pay the HOA fees owed, will this go away?

HOA filed compliant judicial foreclosure of lien and damages for balance owed. I can pay outstanding balance and plan to answer the complaint. Will court be necessary? Will payment end the process?

Anthony M. Avery
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answered on Jul 25, 2024

Hire a GA lawyer today. HOA intends to take your condo. It is too serious for you deal with. You knew you had to make the HOA happy when you bought the place.

1 Answer | Asked in Foreclosure for California on
Q: "Seeking advice on loan modification: If my mom (or we as POAs) signs, who is liable if the loan defaults?"

my brother took the loan using my mom’s credit. My mom is not in the mental state to sign the agreement. If myself or my son who are the power of attorneys signed that document for my mom, where does the responsibility lie if the loan goes into default.?

James L. Arrasmith
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answered on Jul 24, 2024

If you or your son sign the loan modification document as power of attorneys for your mom, you are signing on her behalf, not assuming personal liability for the loan. Under California law, the responsibility for the loan remains with your mom, as the original borrower, even if you sign on her... View More

0 Answers | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Nevada on
Q: I live in the house, l currently in foreclosure, the owner past away & everyone trying to claim my maintenance & Repairs

I have also have interest in the property and hold the keys. But people trying to claim ownership and take.over the property by parking their cars in the driveway, etc

2 Answers | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I am a Creditor seeking foreclosure on a Los Angeles condo by a man who Fraudulently Transferred equity to his brother.

To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 18, 2024

Thank you for your question!

If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial...
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0 Answers | Asked in Foreclosure and Real Estate Law for Ohio on
Q: recent mortgage payoff letter with my original borrow agreement stamped paid in full now thirty day vacancy notice

Was in foreclosure prior too then received that so stopped tryin to stop it thinkin my most recent Significant other had it in his will he had recently passed when I received it

1 Answer | Asked in Foreclosure and Real Estate Law for Kentucky on
Q: If a person is on a deed after death of mortgage holder with no will, who is responsible if the loan defaults

The spouse was not on the deed (married 2 months) and another individual was added to deed. Mortgage has been paid 3 years following death of loan holder

Anthony M. Avery
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answered on Jul 17, 2024

Being a grantee on a deed does not make you liable for a mortgage indebtedness. Who signed that note or his estate will be liable for the loan.

2 Answers | Asked in Landlord - Tenant and Foreclosure for California on
Q: I'm being evicted, was offered cash for keys, 2 weeks later, served a pay or quit, was served a complaint. Is that legal

In 2023 March, i left my ex husband for domestic violence issues and entered a saftey shelter. Our hose we bought march the prior year was a forbearance due to a hardship. April 4th 2023 my ex husband was arrested on domestic violence. He since then spent 418 days in jail. While I and my children... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 17, 2024

Thank you for your question!

It seems that your house was out is about to be foreclosed.

You may have defenses against foreclosure and eviction if the loan servicer is not complying with the forbearance terms agreement. You may also apply for loan modification if you have some...
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1 Answer | Asked in Foreclosure, Civil Rights and Constitutional Law for Idaho on
Q: how do I file for a audit to be introduced, into my non judical foreclosure ?

I had a Forensic Audit done on my house loan and it shows fraud, gross neglect by attorney and loan officer and servicer fraud that was commited.

James L. Arrasmith
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answered on Jul 21, 2024

To introduce an audit into your non-judicial foreclosure process, start by gathering all documentation related to the forensic audit you've had done. This includes the audit report, any evidence of fraud, and communications with your attorney, loan officer, and servicer. Ensure that this... View More

1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: As a new purchaser of land that was currently involved in tax lien foreclosure action, do I have the right to redeem?

I bought the parcel from the owner. The owner had tax lien certificates against the property older than 3 years, and the certificate holder had initiated foreclosure. After I recorded the transfer I notified plaintiffs attorney. The attorney had a motion for default filed and after being notified I... View More

James L. Arrasmith
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answered on Jul 18, 2024

As a new purchaser of the land, you do have the right to redeem the property. In Arizona, the plaintiff's attorney should have notified the court of your ownership change and provided you with the complaint, summons, and other necessary documents. Given that you recorded the deed and promptly... View More

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Is there a way to take over my mother's mortgage after she passes so the bank doesn't take it?

Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.

Jack

0 Answers | Asked in Divorce, Estate Planning, Family Law and Foreclosure for Pennsylvania on
Q: Life Insurance policy to cover wife's alimony if he died. 7/18/12 he died wife told policy wasn't paid can they deny it

Divorce agreement stated he had to keep policy.lawyers drafted who is responsible if he didn't pay and insurance denied her

0 Answers | Asked in Foreclosure for Idaho on
Q: How can I stop foreclosure on my home?

My husband passed away in February which lowered the household income significantly. His survivors benefits should be awarded to me by the end of the month. I have discussed this with the lender, but received no response on my last inquiry. What are my legal options?

2 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: My family's house was foreclosed ~10 years ago. A friend paid under mkt value, promising I could buy it back for same $

Is this legal? Could you point me to any relevant statutes too? Is the promise enforceable (nothing written so I guess no)?

Anthony M. Avery
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answered on Jul 3, 2024

Owner will probably refuse to convey to you as the oral promise violates the Statute of Frauds. Hopefully you have some sort of memorandum signed by owner. Consult with a MI attorney to draft a deed and attempt to tender the money for the deed.

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0 Answers | Asked in Foreclosure, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Maine on
Q: I'm curious about squatting, but don't want a criminal record.

Because of economic issues I've been looking for options to make it easier. Squatting was one of the things I saw and was curious about. From what I've read trespassing is a crime, but squatting is a civil issue and appears to provide some protection from criminal charges. The question... View More

1 Answer | Asked in Foreclosure for Texas on
Q: Does an HOA violation survive a foreclosure under Texas law if no lien was filed

There was no fine issued.

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

It depends on the language of the applicable Declarations, deed restrictions, and HOA rules. A lien impresses an obligation, such as a fine, on the property itself and gives a new Buyer notice of that obligation. But that obligation exists notwithstanding the recording of a lien. A fine imposed... View More

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
James L. Arrasmith
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answered on Jun 29, 2024

If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:

1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.

2. Consult an...
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0 Answers | Asked in Foreclosure for Alabama on
Q: How do I redeem my house that was sold in foreclosure in Alabama?

We purchased a property as an investment. The person we purchased the house from did not pay the mortgage off when we paid him the money. A year later we received a letter saying the house was bought at a foreclosure auction. We got the funds together to redeem the property from the new buyer. He... View More

2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: A friend bought my parents foreclosed house- can they sell back to me now at same low price?

Purchase was 10 years ago, and under market value. Any statutes apply? Michigan

Anthony M. Avery
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answered on Jun 27, 2024

Seller can convey to who he wants. But get a MI attorney to search the title and draft the Deed.

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1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: Can a tax lien foreclosure affect credit score? Tax liens aren’t reported but what about tax lien foreclosures?

I just found out I am a joint owner of a property that dates back to a previous marriage 30 years ago. Just was served with a lawsuit to take ownership of thr property via proprty tax lien. I have no interest in the property but don’t want to hurt my excellent credit. Not sure if I should... View More

James L. Arrasmith
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answered on Jun 25, 2024

This is an important question regarding tax lien foreclosures and their potential impact on credit scores. While I can provide some general information, please note that for specific legal advice about your situation, you should consult with a qualified attorney in Arizona who specializes in... View More

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