Get free answers to your Foreclosure legal questions from lawyers in your area.
Your current state is Ohio
I filed a stay on a writ of possession in a foreclosure case yesterday, and today I checked the portal, which indicates my foreclosure case has been reopened. I have not received direct confirmation that the stay has been granted. I filed the stay based on the violation of the maxim of commercial... View More 
answered on Mar 12, 2025
If this was an eviction rather than a foreclosure, No. It just means the file was reopened. It is possible the request may be denied by a Judge without a hearing if there was no sufficient basis alleged. The Judge may schedule an emergency hearing if you did not request a hearing and pay the... View More
How can I cancel a contract with an HOA that I believe I did not agree to? When purchasing the property, the real estate agent mentioned the HOA in passing with no details, and I never signed a document agreeing to the HOA's terms. I’ve been following the rules and paying monthly fees, but... View More
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answered on Mar 12, 2025
If you bought property subject to an HOA through recorded restrictions and/or a Master Deed, then you bought it subject to the HOA. And they can foreclose their liens which accrue over and over again every month. Did you not check the title prior to purchase? Real Estate Agents know little... View More
I received a notice from a tax lien holder's lawyer with a 30-day deadline to redeem a tax certificate or face foreclosure. I redeemed the certificate at the tax collector's office within 24 days and received a receipt, but this was after the 2-year redemption period had ended. However,... View More
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answered on Mar 9, 2025
Unless you have a consultation with an experienced mortgage foreclosure defense attorney, it is impossible to know if you are correctly stating what the legal pleading you received actually is. If the two year redemption period has ended then it was too late to redeem the tax lien certificate.... View More
In a foreclosure case in New York, where a judgment has been entered and a sale date set, I am filing a motion to show cause due to arguments of fraud and deception by the plaintiff. The case has already been litigated. Will this motion go to the judge currently presiding over the foreclosure case,... View More
answered on Mar 8, 2025
Under the circumstances, you really should be hiring an attorney to represent and counsel you regarding legal strategy.
First, the legal process you're referring to is called an "Order Show Cause," not a "Motion to Show Cause". If you file this legal process as a... View More
I need to understand my rights as a tenant living in a house that is in foreclosure and owned by the bank. I have a lease agreement until December of this year and am up to date on my rent payments, which I have been paying directly to the bank. We have already been to court for a hearing where the... View More
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answered on Mar 6, 2025
You need to retain an experienced mortgage foreclosure defense attorney who also practices landlord-tenant law. There may or may not be something in the lease that effects the on statue that protects tenants rights. Good luck.
I rented the upstairs of a house from June 2022 until February 2025, with the homeowner living downstairs. The homeowner died in September 2024 without a will, and the house went to the next of kin. In January 2025, I was informed the house would be foreclosed, and we had about three weeks to move... View More
I had a tax lien on my property, and the lien holder sent me a notice to pay within 30 days to avoid foreclosure. I paid before the deadline and have proof of the payment date, but the lien holder charged me a foreclosure fee anyway, which was added to the redemption amount at the tax office. The... View More
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answered on Mar 4, 2025
No! That is not a valid charge. You need to consult an experienced mortgage foreclosure defense attorney and have the entire loan record. Good luck.
My mortgage servicer foreclosed on my property in Michigan after receiving a full payoff check from my insurance company for a total loss due to a fire on January 16, 2023. The insurance check was issued on August 4, 2023, but the servicer did not inform me of it and continued to provide monthly... View More
answered on Mar 2, 2025
Something does not sound correct. If the mortgage was paid off from the insurance company, the servicer should not continue with the foreclosure. It would need to be canceled. An experienced real estate attorney should review the documents and former loan payoff to be certain. Good luck.
My friend has received a formal eviction notice and must vacate his home by this Monday due to being behind on payments with his mortgage company. We're wondering if there's enough time to file a petition for an emergency stay to delay the eviction or if bankruptcy would be a viable... View More
answered on Feb 27, 2025
As soon as you file the bankruptcy, an automatic stay is in place. Nothing else need be filed at this point.
I co-own a house in Maine with my ex, and it's facing foreclosure because my ex hasn't made any payments since December 2023. She left me without a job, house, or money, and I couldn't make payments. Our realtor—chosen by my ex—who dislikes me, wants to proceed with a short sale,... View More
I am considering bidding on a second chance foreclosure property in Pennsylvania. The auction offers the property with a Special Warranty Deed (Quitclaim) and mentions no warranties. The property has a first and second mortgage, and the total outstanding amount for both is $198,000. If the winning... View More
answered on Feb 24, 2025
When finished (judicial Order confirming sale), a judicial foreclosure removes all liens, and Sheriff pays on taxea, poundage and liens per PA priority.
All liens foreclosed are removed from property and successful bidder gets Sheriff's feed (a quitclaim deed).
If a... View More
My mother passed away, and her will appoints me as her Attorney In Fact to sell or distribute her goods. She may be upside down on her mortgage, and I am not on the mortgage. Her will does not specify what to do with the house. I contacted her mortgage lender, and they requested her death... View More
answered on Feb 24, 2025
The answer depends on a few factors, but first, a point of clarification. If you hold power of attorney for your mother, you no longer have the authority to act on her behalf after her death under that document. If she had a will, the executor named in the will is the person with authority to act... View More
My father passed away in 2022 without a will, and I was told I needed a lawyer to start probate and become the executor of his estate, but I couldn't get one. Therefore, the estate hasn't gone through probate. I live in my father's house, have fallen behind on the mortgage payments,... View More
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answered on Feb 24, 2025
Father's heirs own the property as tenants in common, subject to the Deed of Trust. Hire a lawyer to search the title, determine heirship, and record an Affidavit of Heirship. Then sell to someone quick who will payoff the Accelerated Note. Probably not alot of money now, so you may wish... View More
I am looking for legal advice regarding a situation my parents faced with Select Portfolio Servicing (SPS) during the pandemic in North Carolina. Similar to the New York class action lawsuit 7:24-cv-07249, SPS stopped accepting payments from my parents during the COVID-19 pandemic. Although they... View More
Does the bank in Georgia have to start a foreclosure sale by the Fair Market Value (FMV)?
answered on Feb 24, 2025
No, the bank typically opens bidding at the amount that they are owed. Sometimes, they will open bidding at an amount lower than what they are owed, if they plan to seek a deficiency judgment.
I purchased a property at a Sheriff's foreclosure auction in Georgia on February 4, 2025, for $701,000. The auction starting bid was $107,000, indicating there were several hundred thousand dollars in excess funds. There were no other liens on the property, but I have to pay a $55,000 tax lien... View More
answered on Feb 18, 2025
Only the owner and lien holders can file a claim for surplus funds from a foreclosure auction. A bidder at the foreclosure auction cannot claim surplus funds.
I am renting an apartment in a house that is currently in foreclosure. While my landlord says he has plans to resolve the mortgage issue, I found that the house is set for auction soon. I have not received any formal notices from the bank or court, and I suspect they are unaware of my tenancy. I am... View More
I own a house in New Jersey, with the mortgage serviced by a company in West Virginia, but I live in Missouri. I was not aware of a default foreclosure, as the servicer was processing my application for a loan modification and never provided the paperwork. The debt was supposedly sold to a... View More
mus tbe paid to the clerk of the court to be transferred, as the court directs, to the mortgage debtor, mortgage debtor's heirs, or other persons assigned by the mortgage debtor.
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Do I need a lawyer for this if not what is procedure
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