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Foreclosure Questions & Answers
0 Answers | Asked in Landlord - Tenant, Foreclosure and Real Estate Law for Arizona on
Q: Can we break lease due to unreported foreclosure?

I recently moved into a rental property in Arizona on May 10th, having signed a lease on April 24th. We received a notice of trustee sale posted on the door on June 7th, though it was dated May 18th. The notice indicates an auction date of August 26th. The landlord did not disclose the foreclosure... View More

0 Answers | Asked in Foreclosure, Real Estate Law and Contracts for Louisiana on
Q: Can I address unexpected loan term changes in Louisiana mortgage deal?

I fell behind on my house payments, and my lender proposed a deal to incorporate the owed amount into the remaining loan payments. Initially, my mortgage payments increased from $1,500 to $2,500 per month to accommodate this. However, upon receiving the paperwork, I discovered the loan term... View More

0 Answers | Asked in Bankruptcy, Foreclosure, Business Law and Real Estate Law for Georgia on
Q: How can I resolve loan modification and court issues with my lender?

I am in Georgia and was in the process of obtaining a loan modification through my mortgage lender, but I encountered issues with document delivery due to my bankruptcy filing. This resulted in a claimed default for not responding in time. I've resubmitted my loan modification request, but... View More

0 Answers | Asked in Foreclosure, Landlord - Tenant, Legal Malpractice and Real Estate Law for South Carolina on
Q: What legal steps can I take for wrongful eviction in South Carolina?

I am in South Carolina and believe I was wrongfully evicted due to illegal foreclosure actions by multiple parties, including an attorney, clerk, sheriff, third party, and towing company. I did not need to be homeless and suspect misconduct on their part. What steps can I take to address this issue?

Q: What can I do about my home's foreclosure and issues with the realtor in Colorado?

I am a senior citizen living in Colorado, and my home is facing foreclosure. I hired a realtor to put my home on the market, and a buyer was found. However, for 67 days, there were delays with five verbal closings, while interest on my HELOC loan accumulated significantly. My husband, who has... View More

Timothy Canty
Timothy Canty
answered on Jun 10, 2026

If possible, see if you can borrow the money from family to cure the default. You should also consult with a bankruptcy attorney. A chapter 13 will stop the foreclosure and give you a reasonable time to sell the property. You can also reject the contract with the realtor. There are many... View More

1 Answer | Asked in Child Custody, Child Support, Foreclosure, Family Law and Real Estate Law for New Jersey on
Q: Am I required to sign passport forms if ex-spouse owes child-related expenses? Court involvement? (NJ)

I am the primary parent in a joint legal custody arrangement with my ex in New Jersey. My ex is required by court order to pay a portion of our children's medical, extracurricular, and school expenses, but he has consistently failed to do so, now owing over $5,000. We have been to court... View More

Richard Diamond
Richard Diamond
answered on Jun 9, 2026

If payment of child support is through the probation department system and your ex has more than 2,500.00 in child support arrears outstanding, the county probation department has the right to notify the US State Department of the arrears, and the US State Department has the right to revoke your... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: Can a reverse mortgage company pursue me after foreclosure in Florida?

I have a reverse mortgage on my condo in Delray Beach, Florida, and can no longer afford to live there due to health problems, so I am moving in with my son. I've listed the condo with a real estate agent, but there has been no interest in purchasing. I planned to repay the reverse mortgage... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 5, 2026

Yes, if the primary mortgage on the condo is foreclosed, and the condo sells for no more than the amount of the mortgage note, the holder of the unsecured loan (reverse mortgage) could sue you for the amount of the loan.

Q: What can I do about a wrongful foreclosure and eviction in SC violating my constitutional rights?

I'm facing a situation in South Carolina where a remand order was ignored, leading to a wrongful foreclosure, ejectment, and eviction by a third party. I have a stay in place, but these actions continue in violation of my constitutional rights, specifically the 14th Amendment. There is an open... View More

2 Answers | Asked in Foreclosure, Identity Theft, Civil Litigation, Real Estate Law and Consumer Law for Florida on
Q: What legal steps can I take for stolen funds after a foreclosure in Florida?

I am seeking legal advice regarding the theft of funds after a foreclosure in Florida. Our foreclosure occurred in 2023, and by April 2024, we discovered that an application had been made to transfer funds to a third party without our knowledge or consent. This application was made on behalf of my... View More

Andrey Mangushev
Andrey Mangushev
answered on Jun 3, 2026

What you are describing — funds being diverted to a third party without your knowledge or consent during or after a foreclosure proceeding — implicates several serious Florida statutes. Under Florida Statute § 817.034, the Florida Communications Fraud Act, and § 812.014, Florida's theft... View More

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0 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for North Carolina on
Q: Is it better to allow heir property in NC go into tax foreclosure or pursue a partition sale?

I am a co-heir of a property in North Carolina that has about 20 heirs. The property is in tax foreclosure proceedings, and the city of Oxford, NC has ordered it to be closed and secured due to multiple code violations. No heir is willing to sell, pay the necessary taxes, or handle upkeep. We are... View More

1 Answer | Asked in Foreclosure, Consumer Law, Gov & Administrative Law and Real Estate Law for New York on
Q: How to address potential deceptive practices in a short sale in NY?

I was involved in a short sale negotiation with AD Mortgage in upstate New York. After making an offer, the buyer encountered an increased payoff amount due to added interest charges, and the lender initiated foreclosure proceedings even as the short sale was under negotiation. I suspect deceptive... View More

Thomas Anthony Sirianni
Thomas Anthony Sirianni
answered on Jun 1, 2026

You can file a complaint with the Consumer Financial Protection Bureau (CFPB).

1 Answer | Asked in Identity Theft, Banking, Foreclosure, Consumer Law and Real Estate Law for New York on
Q: How can I dispute bank's claims over stolen funds and protect my home from foreclosure?

I recently experienced identity theft where our accounts at KeyBank were hacked, resulting in the theft of $25,000 via online stock transactions. These transactions occurred in Buffalo, yet the stocks were transferred to locations in Connecticut and Chicago while we were in Florida for winter.... View More

Thomas Anthony Sirianni
Thomas Anthony Sirianni
answered on Jun 1, 2026

Banks generally take matters like this very seriously and can launch an internal fraud investigation. They handle fraud regularly and often resolve these issues quickly. If you are not satisfied with the result of that investigation, you can usually appeal the bank's decision internally. If... View More

1 Answer | Asked in Foreclosure, Public Benefits and Real Estate Law for North Carolina on
Q: How can I prevent foreclosure in NC after husband's death and financial hardship?

I live in North Carolina, and my husband passed away in April 2026. During his illness, I fell behind on my mortgage payments, and now the bank is threatening foreclosure. I have applied for a hardship with the bank, but they are requiring over $2,000 upfront to catch up, which I can't afford... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 29, 2026

You should contact an experienced consumer bankruptcy attorney and discuss whether a Chapter 13 bankruptcy can help you. Chapter 13 will give you up to 60 months to get caught up on the past due portion of the mortgage while you continue to pay the current mortgage. All of your debts must be... View More

0 Answers | Asked in Bankruptcy, Divorce, Foreclosure, Real Estate Law and Family Law for Texas on
Q: Will signing a quitclaim deed affect my future home buying ability after bankruptcy?

I filed for bankruptcy approximately 7-8 years ago, and my home was not reaffirmed. Now, I am in the process of getting divorced, and my wife wants me to sign a quitclaim deed. The mortgage is currently 4 months behind and pending foreclosure, and I haven't occupied the home for 1.5 years. How... View More

0 Answers | Asked in Foreclosure, Civil Litigation and Real Estate Law for Arkansas on
Q: Is my HOA's foreclosure judgment valid with missing details?

I am dealing with a foreclosure judgment filed by my HOA on my townhouse in Bella Vista, Arkansas. They obtained a judgment, but I noticed several issues: the judgment is not dated, lacks the property address, doesn't explicitly state an intent to foreclose in writing, and features a... View More

0 Answers | Asked in Divorce, Child Support, Foreclosure, Bankruptcy, Real Estate Law and Family Law for South Carolina on
Q: How can I address mortgage and back child support issues in SC after divorce?

My ex-husband and I purchased a house together in 2020. Per our divorce decree, I was supposed to refinance the house to remove his name, and he was required to pay $400 a month in child support. He currently owes me $19,000 in back child support, which has impacted my ability to make mortgage... View More

2 Answers | Asked in Foreclosure, Landlord - Tenant and Real Estate Law for Maryland on
Q: What happens if I don't pay the bank for a foreclosed home I'm living in?

I live in Maryland in a house that was in foreclosure. The bank now owns the home and has been sending people to take pictures, indicating they are trying to sell the house. I do not have any lease or formal rental agreement with the bank, nor have I communicated with them or received any eviction... View More

Daniel Staeven
Daniel Staeven
answered on May 25, 2026

The next step is for them to evict in the foreclosure case by way of a Writ of Possession. They do not need to buy you out, though. The typical timeline is about sixty (60) days. The good news, though, is that if they bought back the house for more than what is owed, you have rights to the extra... View More

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0 Answers | Asked in Foreclosure, Probate and Real Estate Law for Alabama on
Q: How can I stop foreclosure on my uncle's house in probate?

My uncle passed away in November 2025, and I am the successor in interest to his home in Alabama. The house is now facing foreclosure because the mortgage account went into default following his death. I have been in contact with the lender, PHH Mortgage Company, but they will not discuss account... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Texas on
Q: Can I protest property taxes after May 15th in Texas due to inheritance? I'm in foreclosure suit.

I recently inherited a property in Texas and discovered that I am in an active foreclosure tax suit on it, which I didn't realize was delinquent. I found out that part of the process includes protesting the property taxes, but I missed the May 15th deadline due to not being aware of the rules.... View More

Kyle M Kinzy
Kyle M Kinzy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2026

Hello, my name is Kyle Kinzy. I am a general practice attorney in Austin, Texas. The May 15 deadline under Texas Tax Code Section 41.44 is generally strict, but you may still have options depending on the specific facts. The standard rule is that protests must be filed by May 15 or 30 days after... View More

0 Answers | Asked in Appeals / Appellate Law, Foreclosure, Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: How do I handle a forged loan modification in a wrongful foreclosure appeal?

I am currently involved in active litigation, representing myself in a wrongful foreclosure case in Georgia. With my background in loss mitigation and experience as a former DOJ auditor for wrongful foreclosures, I believe my situation involves a forged loan modification. My ex allegedly signed... View More

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