Get free answers to your Foreclosure legal questions from lawyers in your area.
that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... View More 
answered on Jul 16, 2019
You can just pay the mortgage. The bank does not care where the cash come from. As to the debts, you are not liable personally. If the debt exceeds the asset value of the estate, there is no benefit to an estate.
and then files for foreclosure, what happens when the property owner receives an "order setting date, time, place and amount of redemption" notice from the attorney representing the tax lien holder? Is that date really the last date the property owner can pay to redeem the property? Is... View More
answered on May 25, 2019
When the judge signs the order the property is legally the tax lien holders.
Declaring bankruptcy can extend the time to get the money to pay of the tax lien.
It may be easier to get a hard money lenders to loan the money, and probably have a lower interest rate than the 18% that... View More
Need help staying emergency
answered on Mar 29, 2019
Is a sheriff sale scheduled? Did the home already sell and how long ago?
You need to speak to a foreclosure lawyer to go over your options. Waiting for answers online that cannot give you specifics is not going to help if your time is limited.
Sale is soon. Do I have any rights?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2019
In order to provide you with a meaningful answer and help you, you need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney. These type of consultations are free and the only way to for you to find out exactly what your rights are. You should... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2018
Although you certainly can do so, you really need to retain an experienced mortgage foreclosure defense attorney to represent you. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules... View More
My home was sold to Third Party at Sheriff Sale. He picked up the Deed and Title. How do I get him to record the Deed. I no longer own the home but he just keeps saying he will record the deed and title but has not. He has changed the locks and moved into the home.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2018
You cannot force the issue. But you do need to file for Chapter 7 Bankruptcy to eliminate any financial liability for the property. Chose the best Bankruptcy attorney that you can find.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2018
No it does not. You cannot transfer a mortgage. You really need to retain an experienced mortgage foreclosure defense attorney, because if you don't know what you are doing, you will trigger the mortgages due on sale clause. Do not let geographic restrictions get in the way of retaining the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2018
There is not specific limit, but most quality attorneys will charge an hourly rate, not a fixed fee. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
I received a foreclosure summons from my lender's attorneys but was in the process of submitting loan modification. My case worker at the mortgage company said not to worry about the summons that I do not need to answer it being that my modification paperwork was all in. Is this true? I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2018
No, you have to retain counsel to handle this matter for you. If you don't retain an experienced mortgage foreclosure defense attorney, the results will be disastrous for you! All residential mortgage foreclosures follow 2 tracks. A Banking track and a legal track. Both move forward separate... View More
My home was foreclosed in Aug 2018 then sold to Third Party at Sheriff sale in November 2018. When do the new owners take over the deed. I have moved out and turned utilities off in my name. I filed bankrupty and it was discharged back in Jan so not liable for money owed on house.
I simply... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2018
There is no lien released by just filing bankruptcy and not certain what lien you are talking about.
House sold in Jackson, NJ @ foreclosure/sheriff sale. Purchaser paid more than what was owed to the bank. Approx 40k was sent to the Superior Court Trust Fund. Need an attorney who can help file a motion for the surplus funds pursuant to Court Rules 4:64-3 & 4:57-2.
answered on Nov 20, 2018
If you contact any attorney in NJ that handles Foreclosure defense they will be able to handle these types of issues.
I recently went through a bankruptcy in which I included my home, and subsequently a foreclosure (in NJ). I remained in the home during this whole process and paid the propane supplier monthly, as I needed the fuel to live there. When I left the home the tank contained 60% fuel. I'm willing to... View More
answered on Nov 19, 2018
If the delivery was after the filing date of your case, it is not a part of the bankruptcy.
While buying it at auction myself might cause the bank to go after balance deficiency, since it is a public auction there should be no legal reason my father can't bid and if he wins the high bid sell me the house at 1 dollar. Again much different from the short sale where I am coordinating... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2018
There is no way of knowing who will win the sheriff sale. This is very different from an auction. If it was a short sale, you do not control anything, the lender does and statistically most short sales fail.
I have a sheriff sale on my home in four weeks. I am too stressed from all this. I want to move now! Do I contact my bank and let them know I have taken utilities our of my name, turning water off and cancelling home insurance/ (Insurance and taxes are all paid up until Feb 2019) I need to think... View More
answered on Sep 28, 2018
Even if your home sells at a sheriff sale, you are not evicted the next day. If the bank buys the property back at auction, you may have 1/2 a year or more.... Or 30 days. It really comes down to what actually happens.
You can also ask the sheriff to move your sale date back 28 days.... View More
I was forced out after foreclosure and left a lot of personal property behind what happens to that property? I was told the new owner has to box and store it but I believe he has destroyed or trashed it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2018
You need to contact the new owner, or if that does not work, you can retain an attorney to try and settle it for you. In addition, to eliminate your personal liability for the foreclosure, you need to retain an experienced bankruptcy attorney to handle your case.
I had to go to court to try and get my mortgage reinstated. The judge asked me to talk to him in his chambers. He said, OK, lets hear your side of the story and take your time. I told him everything from start to that day. He said, that's exactly what I read, so why won't these investors... View More
answered on Aug 12, 2018
You may need to get approval from the Court to incur new debt, but it is a very viable alternative to continuing with these”investors.”
what happens when Mr. A loses his house through foreclose & Mr B buys it from the bank and resells it to Mr C.
In the event when Mr A decided to overturn the foreclosure will Mr. B have to pay back for Mr. C the amount he got at closing or not?
answered on Aug 1, 2018
This "hypothetical" sounds like a Bar exam question. The scenario should never have happened if B & C did their due diligence. You don't say what you mean buy Mr. A "overturning" the foreclosure. If you mean redeemed the property from the sale within the time allowed,... View More
Need to know how long I have before I have to vacate the home after sheriff sale.
answered on Jul 19, 2018
The timeline varies depending on who gets the home and how agressive they are about evicting you from the property.
If the bank buys the home back, you may be in the property until they sell it which could be months. Or, it may be bought a someone who wants to make it their home and they... View More
I have maintained the home but have made no payments except for utilities.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2018
Do you want to save the home or not? If you do then, you need to retain the right type of attorney. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address... View More
My bankruptcy attorney had a court hearing to get my mortgage reinstated. The lender's lawyer objected to everything and called me a liar and said, they had a agreement with my first lawyer to sell my home. I never gave my first lawyer or anyone else permission to sell my home. The... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2018
This is not common. However, you have counsel, so your questions have to be directed to your attorney. If you chose to change attorneys, you are free to do so, but from the little information you provided, it does not seem like your attorney has done anything wrong. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
