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Foreclosure Questions & Answers
2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Utah on
Q: I'm an heir to an estate, How do I get my funds out of court after a foreclosure?
Kenneth Prigmore
Kenneth Prigmore
answered on Feb 16, 2024

The entity that foreclosed on the home will have the money initially. If it's over $100k, they will normally refuse to give it to an heir without first your going to court and requesting to be named as the personal represenative.

If it has been long enough, the entity may have turned...
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1 Answer | Asked in Foreclosure for Florida on
Q: Ex-husband being foreclosed on in FL. I'm on deed, but NOT on mortgage. How does this affect me?

I have nothing to do with the property but was told I had to sign the mortgage since we were still legally married at the time of his closing. It's been eight years and I've moved on and moved to Missouri, and he's now being foreclosed on. What does this mean for me, if anything?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

It means that the mortgage can be foreclosed despite your interest in the property. The property can be sold pursuant to an order of the court and in the very rare possibility that the property sells for more than is owed, you would be entitled to a portion of the excess. You are being notified... View More

1 Answer | Asked in Foreclosure for Michigan on
Q: If my home sold at sherriff sale to a bank n loan only in my name, deed was in her name can i make my ex leave sooner?

Can i do anything about her not paying the loan n her new husband calling the bank pretending to be me? I havent lived there in 12 years and now shes ruined my credit

What are my options? They said she has till June when house sold in Nov to move out, but im not buying house back and i want... View More

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2024

You don't have many options regarding her staying in the house. The bank now owns it and would be responsible for her eviction at the appropriate time (e.g. expiration of redemption period).

3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Leon Bayer
Leon Bayer
answered on Feb 15, 2024

Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More

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1 Answer | Asked in Foreclosure for Virginia on
Q: If I pay the full past due amount for my mortgage will that stop forclosure?

I lost my job last Oct, but im back to work full time and can now pay all the past due. I'm about 3 months behind.

T. Augustus Claus
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answered on Feb 15, 2024

In Virginia, paying the full past due amount on your mortgage can indeed halt the foreclosure process, assuming the lender hasn't already completed the foreclosure sale. When you pay off the entire amount you owe in arrears, including any late fees and legal costs incurred by the lender as... View More

1 Answer | Asked in Foreclosure for Georgia on
Q: I've been living in a home for 33 years the home was in my parents name technically I'm not the owner it's sold on

It was sold on the courthouse square on the first Tuesday of the month now the new owner is coming up here and telling me that is his home and he's taking my stuff and he's letting people steal my stuff taking it off the property does he have the right to do this because technically as it... View More

James Clifton
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James Clifton
answered on Feb 12, 2024

If the new owner is removing your property without a writ of possession, he can be charged with theft. The writ of possession is necessary to begin the process of removing you and your property. Also, there may be surplus funds that you are entitled to from the foreclosure sale. Schedule a free... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: bought a foreclosed property from bank. previous mortgagee is fighting back that foreclosure is fraudulent. What do I do

I have title insurance since I bought it is a second chance foreclosed property from xome.com platform

James Clifton
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James Clifton
answered on Feb 3, 2024

If you have title insurance, the title insurance policy should provide coverage to defend against the claim to title. You will need to file a claim with the title insurance company directly. Schedule a free consultation to make sure your interest is protected.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Hawaii on
Q: If making monthly mortgage payments, why am I in foreclose, and I have all my bank statements showing I have paid.

I asked where my payments went, if you are claiming I have not paid. No answer. SPS had blocked me from making my December, January and February payments because I was told I am in legal process of foreclosure. I asked why as I have been making payments. I was told I had not made any payments... View More

Blake Goodman
Blake Goodman
answered on Feb 1, 2024

You are being screwed with. I help people file bankruptcy to save their home from foreclosure, not this kind of thing.

You need to find an attorney that represents borrowers under the Truth in Lending Act (or TILA). See what you can find on Google for an attorney versed in this law that...
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1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for California on
Q: My father passed away and I have a total of 2 brothers and 2 sisters. My dad had a Mortgage and I need some help.

I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?

James L. Arrasmith
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answered on Jan 31, 2024

To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More

3 Answers | Asked in Bankruptcy, Contracts, Foreclosure, Personal Injury and Identity Theft for Arkansas on
Q: How would I go about finding out if someone has married me without me knowing and also taken power of attorney over me

If someone is using my name and social how would I find out how it's being/been used

James L. Arrasmith
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answered on Feb 4, 2024

If you suspect that someone may have married you without your knowledge and obtained power of attorney over you using your name and social security number, it's essential to take immediate action. First, gather any available documents or information related to these concerns. Reach out to your... View More

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2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: How do I go about assuming the mortgage of my deceased Uncle's home, which is in foreclosure.

I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More

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1 Answer | Asked in Divorce, Foreclosure and Family Law for Virginia on
Q: Is my wife responsible for the foreclosure of her ex-husbands house if she waived all housing rights when she divorced.

The reason for the question is that he passed away before the foreclosure. As I said, she waived all housing rights in the divorce agreement, but it seems as though she'll have a "foreclosure" on her record if we don't sort this out. My understanding is if she's susceptible... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 24, 2024

If the mortgage loan and title to real property in Virginia is joint, then both spouses have rights and liabilities. If one spouse will receive the real property incident to a divorce, that spouse should be required to sell or refinance the property in order to remove the other spouse from his or... View More

1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: How does AZ/Santa Cruz County law deal with foreclosure of a property when tax liens are owned by multiple parties?

Let's say I purchase a tax lien on a property that has tax liens from 5 prior tax years owned by someone else. How does foreclosure work in this situation?

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, particularly Santa Cruz County, when there are multiple owners of tax liens on the same property, the foreclosure process works as follows:

1. The most recent tax lien takes priority. So in your case, you as the most recent tax lien purchaser would have the first priority...
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3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Civil Rights for California on
Q: I have cousins trying to to take my house that was left to me in a will by my grandma via notary Is that possible?
James L. Arrasmith
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answered on Jan 21, 2024

In California, if a property is bequeathed to you in a will, your right to the property is generally protected. However, the validity of the will itself can be contested. If your grandmother's will was properly executed and notarized, it typically stands as a valid legal document.

Your...
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2 Answers | Asked in Foreclosure for Pennsylvania on
Q: Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back any lien?

Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back whatever the owner owned, such as mortgage lien, mechanic lien or tax lien? Is the title not supposed to free and clear?

I asked around, some people tell me I am responsible... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 20, 2024

When a piece of real property is foreclosed and put up for sheriff's sale, the lien that is foreclosed (it may be a first mortgage, junior mortgage, tax lien, or other statutory or judgment lien) will be paid from the bid at the sheriff's sale. So will tax liens, and so will the... View More

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1 Answer | Asked in Foreclosure, Personal Injury, Real Estate Law and Tax Law for Washington DC on
Q: what is the formal petition for a writ of distrangas; contempt, here in washington dc?
James L. Arrasmith
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answered on Jan 22, 2024

A writ of distringas, also known as a writ of distress, is a legal order used to seize a debtor's property to satisfy a debt. In Washington, D.C., the process to file a petition for such a writ involves presenting your case to the court, demonstrating the existence of a valid debt and the need... View More

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

T. Augustus Claus
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answered on Jan 19, 2024

As the estate executor for your deceased father, if the individual who purchased the property has not made a mortgage payment in over four years, you may have legal options to address the situation. First, review the terms of the sales agreement and the promissory note to understand the specific... View More

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1 Answer | Asked in Banking, Foreclosure and Real Estate Law for Florida on
Q: during my loan transfer I got a collection agency sent to my door when I wasn’t even late on my payment.

I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from... View More

James L. Arrasmith
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answered on Feb 5, 2024

Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:

- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days...
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1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for Texas on
Q: Mother died with a mortgage. No will. Heavy debt. I DO NOT want her house. M/C is suing me for mortgage. What do I do?

I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.

Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.

John Michael Frick
John Michael Frick
answered on Jan 9, 2024

You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.

If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole...
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1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Massachusetts on
Q: I have an order from a judge that states my tenant has 14 days to vacate.

The sheriffs office told me that they charge $3500 to remove him if he doesn’t leave.

That seems very expensive, especially since I’m evicting a non paying tenant.

Thank you

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

I do not understand the actual question. Once you receive an execution for possession, it needs to be served and the sheriff (or constable) need to oversee the removal of the tenants personal property from the leased premise by a moving company and stored in a bonded storage facility. This is all... View More

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