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1 Answer | Asked in Foreclosure, Real Estate Law, Identity Theft and Wrongful Death for Maine on
Q: Trying to find out about a trust
Anthony M. Avery
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answered on Nov 19, 2024

What is your question?

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: hi Is a notarized signed and submitted Deed in lieu of foreclosure documents revocable by a plaintiff in New York
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

There are limited circumstances under which a plaintiff (typically the borrower) might try to revoke or challenge the validity of a submitted Deed in Lieu of Foreclosure (DIL). Generally, once the lender accepts and files the DIL, revocation is highly unlikely unless a valid legal basis exists.

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Ex Parte for Lis Pendens

Does the Superior Court of California, Central District, allow for an pro se ex parte hearing regarding approval of a Lis Pendens that needs an emergency recording due to an upcoming foreclosure Trustee sale?

James L. Arrasmith
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answered on Nov 16, 2024

Based on San Bernardino County Superior Court rules, yes, you can file an ex parte application for recording a lis pendens as a self-represented litigant, especially when facing an urgent foreclosure situation. The court recognizes the time-sensitive nature of pending trustee sales.... View More

1 Answer | Asked in Foreclosure and Insurance Defense for Florida on
Q: Legal Representation Needed for Lawsuit Against Insurance and Mortgage Companies

Property damage claims in 2022 and 2024 Insurance Company, and mortgage companies have withheld in repair funds.

We need an attorney to:

1. File and pursue litigation against our insurance company and the mortgage company for breach of contract.

2. Secure the withheld funds... View More

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2024

A Florida attorney could advise best, but your question remains open for over a week. You have probably already been searching for attorneys. You could supplement your efforts with the "Find a Lawyer" tab above, which lists attorneys by region and practice area. You could also look into... View More

1 Answer | Asked in Banking, Consumer Law, Foreclosure and Real Estate Law for Arizona on
Q: A person makes a Mortgage pymt, the financial institution accepts and confirms, then puts pymt back in bank acct refuses

I assumed my mothers mortgage acct with W F same bank as checking acct .3 times now they have refused payment making my regular payment triple and my mortgage acct default . What can I do?

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Limited Scope Attorneys

Are there attorneys that served the Superior Court of California, Stanley Mosk court, on a limited scope representation basis for a pro se litigant in a quiet title foreclosure defense lawsuit? I can't afford full representation.

James L. Arrasmith
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answered on Nov 15, 2024

Yes, you can find attorneys who offer limited scope representation (also called "unbundled services") at the Stanley Mosk Courthouse in Los Angeles for foreclosure defense and quiet title cases. Limited scope means the attorney handles specific parts of your case while you handle the... View More

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Sold property to a friend. He said he was going to sell. It and he said had a contract, I hold the mortgage

he has not paid Octobers payment in full. I haven’t heard from him. Has been late for since the beginning. And November is due in two days. I cannot contact him or get a hold of him at all. Can I foreclose?

James Clifton
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James Clifton
answered on Nov 10, 2024

Unless the note or mortgage provide for a length of delinquency longer than 30 days, you can begin the foreclosure proceedings upon proper notice of the default and acceleration of the mortgage. Schedule a free consultation to ensure you are ready to begin the foreclosure process.

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1 Answer | Asked in Civil Rights, Consumer Law, Foreclosure and Real Estate Law for California on
Q: How to forfeit a foreclosure based on untrue and deceptive actions including aunauthorized fraudulent mortgage loans

Attorney claiming to have power of attorney over me without any authority from me used to obtain two mortgage loans for a way of paying himself out for attorney fees he claims i owe using his financial institution and his mortgage institution not only had he used the same form to file both separate... View More

James L. Arrasmith
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answered on Nov 14, 2024

You appear to be dealing with a serious case of potential mortgage fraud and unauthorized use of power of attorney, which could constitute both civil and criminal violations.

Your first step should be to file complaints with multiple authorities: the State Bar of California regarding the...
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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: How to stop a fore closure by my lender mortgage company. I have a personnel loan or hard money loan with the company.

I live at and this my primary residence

James Clifton
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James Clifton
answered on Nov 9, 2024

Stopping a foreclosure on a hard money loan may be very difficult. If this property was your primary residence prior to taking out the loan, you may be entitled to additional protections. However, many times the paperwork that you sign when you take out the loan includes an affidavit where you... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Can Foreclosure 3 properties in Texas. sue the scammer, borrow. I need to collect the money amount in notes. Not enoug

1. Foreclosure of three properties

2. Sue borrows for lost money, she is a scammer, who has many police reports and FBI reports over by other private JV partners.

They took money to fix the property and sell it, they took the money and never fixed it, waiting until the lender... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2024

It is really hard to know what your questions are. Are you the seller/borrower? Are you the lender ?

I will assume you are the lender for this question. Texas has great consumer protection laws, which were made to protect consumers, and small businesses, from unsavory characters and...
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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: Can you sue your mortgage company and win your home free and clear ?

Illegal foreclosure

Jack Mevorach
Jack Mevorach
answered on Nov 4, 2024

It's possible.

Jack

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Kansas on
Q: They forfeited warranty deed contract. Not paid taxes, no insurance, missing payments, broke promissary note. Forfite al

How to file and is a warranty deed contract the same as a contract for deed?

Anthony M. Avery
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answered on Nov 4, 2024

No such thing as a warranty deed contract. If you are the owner then sue for possession now.

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Regarding Lis Pendens

As a pro se plaintiff in a quiet title civil lawsuit against my servicer and lender, instead of filing a Motion for Approval for Lis Pendens, which would take a long time to get onto the judges calendar, can I file a Application for Approval for Lis Pendens instead in the Superior Court of... View More

James L. Arrasmith
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answered on Nov 15, 2024

In California state courts, you can indeed file an Application for Approval of Lis Pendens (Notice of Pending Action) instead of a motion, which often proves faster than waiting for a motion hearing.

However, you should note that filing requirements can vary between federal and state...
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2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Probate for Oregon on
Q: Is my mother's probate attorney supposed to give me an itemized list of expenses?

Can I ask him for a list?

Theressa Hollis
Theressa Hollis
answered on Oct 22, 2024

Did your mother pass away or did she hire a probate attorney? Were the expenses incurred by the attorney or someone else? More information is needed before your question can be accurately answered.

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Utah on
Q: if i inherited my mothers house and the ooan is still in her name 8 years after her death is there a way to discharge th

The loan? Is there any way that the statue of limitations has reached its expiration date since the loan is not in my name?

Wesley Winsor
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Wesley Winsor
answered on Oct 21, 2024

It sounds like you're dealing with the process of managing ownership and financial responsibilities for a property following the passing of your mother. Here's a summary of the key points and steps you might consider:

1. **Determine Property Ownership:**

- Check if the...
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1 Answer | Asked in Foreclosure and Civil Litigation for California on
Q: Ownership interest

How much ownership interest in a residential property do I need to have standing to bring a civil action in court?

James L. Arrasmith
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answered on Oct 19, 2024

To have standing to bring a civil action in court regarding a residential property in Perris, CA, you must demonstrate a sufficient ownership interest. Typically, this means you must have a direct financial stake in the property, such as being a legal owner or holding a lien against it. Your... View More

1 Answer | Asked in Bankruptcy and Foreclosure for Virginia on
Q: If you've rec'd a foreclosure notice and considering bankruptcy, can you keep your home if you have equity?

I think it's called an automatic stay

James L. Arrasmith
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answered on Oct 17, 2024

When you file for bankruptcy, the automatic stay goes into effect immediately, stopping the foreclosure process temporarily. This gives you some breathing room to explore your options and assess your financial situation without the threat of losing your home right away.

If you have equity...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for New York on
Q: I’m looking to retire and shut down my LLC
Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'm not sure what your question is... but I'll try to provide some helpful tips.

First, make sure to notify your accountant or payroll service provider of the closing date so they can prepare the final returns. Failure to do so can result in massive fines and large penalties....
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1 Answer | Asked in Landlord - Tenant, Foreclosure, Real Estate Law and Civil Rights for Illinois on
Q: Disposal of tenants personal property after eviction but no order/notice as to the tenants property, not abandoned

After foreclosure, tenants not parties to foreclosure and no notice to lis pendens. Previous owners to mortgage never found. Tenants of 5 years on property. Day of eviction order, clearly are loading up their belongings and in process of moving but don't have everything out yet, landlord... View More

James L. Arrasmith
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answered on Oct 13, 2024

In Illinois, landlords must follow specific procedures when evicting tenants, even after a foreclosure. If you were evicted without proper notice regarding your personal property, the landlord may not have the right to dispose of your belongings immediately. Typically, landlords are required to... View More

1 Answer | Asked in Estate Planning and Foreclosure for Michigan on
Q: Can I move assets to a trust after taking a loan on that asset
Trent Harris
Trent Harris
answered on Oct 17, 2024

Yes, you could - subject to some caveats - move assets to a trust after taking a loan on the asset. By taking a loan on the asset, I'm guessing you mean you've borrowed money that is secured by a lien on the asset.

The most common situation where this comes up is where a person...
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