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Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Tax Law for New Jersey on
Q: Is foreclosure legal after tax certificate redemption before filing?

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

Leonard R. Boyer
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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

1 Answer | Asked in Foreclosure and Civil Litigation for New York on
Q: Does a motion to show cause in a NY foreclosure case go to the current judge or a different one?

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

Jonathan David Warner
Jonathan David Warner
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...
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1 Answer | Asked in Foreclosure and Landlord - Tenant for New Jersey on
Q: What are my tenant rights in a NJ house under bank foreclosure with a lease until Dec and paid-up rent?

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

Leonard R. Boyer
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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.

0 Answers | Asked in Landlord - Tenant, Foreclosure and Probate for Virginia on
Q: Can I recover rent paid during mortgage assistance when I shouldn't have been charged?

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

1 Answer | Asked in Foreclosure, Tax Law, Real Estate Law and Consumer Law for New Jersey on
Q: Can a lien holder charge a foreclosure fee if property isn't in foreclosure?

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

Leonard R. Boyer
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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.

2 Answers | Asked in Foreclosure, Insurance Defense, Real Estate Law and Consumer Law for Michigan on
Q: Is it legal for servicer to foreclose after insurance payout in MI?

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

David Soble
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David Soble
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.

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2 Answers | Asked in Foreclosure, Bankruptcy and Landlord - Tenant for Ohio on
Q: Can my friend file for an emergency stay or bankruptcy to delay eviction?

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

Timothy Denison
Timothy Denison
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.

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0 Answers | Asked in Foreclosure, Business Law and Real Estate Law for Maine on
Q: Is a lease purchase a good option instead of a short sale or foreclosure in Maine?

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

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: How does foreclosure affect mortgage liens in PA?

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

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
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1 Answer | Asked in Estate Planning, Probate, Foreclosure and Real Estate Law for Florida on
Q: What should I do with my deceased mother's upside-down house in Florida?

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

James Clifton
PREMIUM
James Clifton
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

1 Answer | Asked in Probate, Foreclosure and Real Estate Law for Tennessee on
Q: Can I delay foreclosure or sell inherited house without executor status in TN?

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

Anthony M. Avery
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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

0 Answers | Asked in Foreclosure and Gov & Administrative Law for North Carolina on
Q: What legal options do my parents have against SPS for foreclosure threats post-COVID relief in NC?

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

1 Answer | Asked in Foreclosure and Banking for Georgia on
Q: Does a bank in Georgia start foreclosure at FMV?

Does the bank in Georgia have to start a foreclosure sale by the Fair Market Value (FMV)?

James Clifton
PREMIUM
James Clifton
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.

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Georgia on
Q: Can I seek excess auction funds for a tax lien in GA?

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

James Clifton
PREMIUM
James Clifton
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.

0 Answers | Asked in Foreclosure and Landlord - Tenant for New Jersey on
Q: What are my rights as a tenant in a foreclosure situation in NJ?

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

0 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for New Jersey on
Q: Foreclosure and jurisdiction issues on NJ property with deed discrepancies.

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

0 Answers | Asked in Foreclosure for Delaware on
Q: In all cases in which the proceeds of sale exceed the amounts described in subdivisions (1) through (4), the surplus

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.

d

Do I need a lawyer for this if not what is procedure

0 Answers | Asked in Foreclosure for Arkansas on
Q: If a property is in foreclosure and going to auction, and you try to catch all payments up the day before the scheduled

Auction and the mortgage holder refuses to take your payment? Is there nothing we can do

0 Answers | Asked in Foreclosure and Real Estate Law for Texas on
Q: I am a investor looking to invest in preforeclosure properties what laws and regulation do I need to comply with

laws and regulation for transferance of real estate property

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