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My ex still resides in the house. I stopped paying the mortgage in 2010, foreclosure hasnt been done yet. He filed for bankruptcy Sept 2015. If something happens there, accident, drowning in the pool, slip on ice, etc...Will he be liable since he lives there or am I the only one liable now that he... View More 
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answered on May 19, 2016
My answer is the same as the first time you asked this question.
The realtor who showed the apartment, mentioned that the unit is undergoing foreclosure. I presume my monthly rent is going to the lending bank and not the owner who has defaulted on their mortgage. If this is the case, am I protected should I choose to rent the apartment? I don't want a... View More
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answered on Nov 26, 2016
Do not rent it. You are going to deeply regret it if you do.
original complaint 2009, received a judgement in 2010. Since that time I have obtained proof that the plaintiff trust no longer exists. The trustee is acting and foreclosing on a securutized mortg. but the trust has been closed since 2008,PRIOR to the complaint and judgement. I obtained a... View More
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answered on May 9, 2016
Anyone in any type of litigation does not have to give the other side notice when changing an attorney. If there is an amended judgment, it is far too late to file an answer. You need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney. The... View More
Is this relevant regarding my issue? - My parents both passed away in 2015. Being their only surviving child, I inherited their home and business. There are two mortgages by the same bank - 1 residential and 1 commercial. The bank is stating they want to foreclose due to death of borrower(s). They... View More
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answered on Feb 12, 2016
The full title of the law you are referring to is "The Garn-St Germain Depository Institutions Act of 1982" This act provides for the Federal preemption of any limitations on the exercise of due-on-sale clauses imposed by state law. The fact that one is residential and the other is... View More
I have a mortgage commitment letter for the amount owed on my home. Can the bank or VA deny my offer to purchase the home ? After all I just received a 1099G stating I am responsible for the balance owed. Does that mean I give them the amount owed they give me the deed ?
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answered on Feb 9, 2016
The bank can sell the property to whom ever they chose. No, the 1099G is a tax form. The property sounds like it was already sold at sheriff sale. The only way to properly answer your question is with an in person consultation with an experienced mortgage foreclosure/bankruptcy attorney. Good luck.
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answered on Dec 11, 2015
Your question is not clear at all. If you mean can you sell your house prior to a final judgment of foreclosure, the answer is yes. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced mortgage foreclosure... View More
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answered on Oct 18, 2015
There is an insufficient factual basis to answer your questions and address your concerns. You need to rewrite a clear and coherent question in order to obtain a meaningful answer. Good luck.
State is NJ. The County Sheriff typically provides two adjournments for 14 days each. Does the Sheriff have the right to adjourn the sale for longer?
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answered on Oct 15, 2015
No, the Sheriff has no authority to do so. However, someone who is an experienced Mortgage Foreclosure Defense and Bankruptcy attorney can do truly amazing, but legal things. Good luck.
The purchaser will then take on all debt,and try to work out something with the bank
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answered on Sep 19, 2015
Since you cannot convey a "free and clear" title the answer is no. Also under those circumstances, no one will buy it. The bank, if you did find someone to buy the deed, does not have to work anything out with any one. You however, would still be personally liable for the mortgage debt,... View More
My bank filed foreclosure against my property in 2013. Then, the statute of limitation has ran on the foreclosure. Unfortunately, I did not use that as defense in my answer as I did not know about it. The bank brought a motion for summary judgement which was granted by the court. The bank is yet to... View More
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answered on Jul 22, 2015
You cannot use a statue of limitations defense. If the bank's motion is successful, the foreclosure action will be reinstated right where it was left off. There are other ways to stop a foreclosure. But every person's case and financial circumstances are unique, so you need to retain... View More
My bank filed a foreclosure action against me in 2013 when the statute of limitation has ran against the foreclosure. I did not plead the statute of limitation in my answer because I did not know about it. The bank later filed a motion for summary judgement which the court granted. After that,... View More
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answered on Jul 22, 2015
Your friend is completely wrong. You can never ignore any legal proceeding. You need to retain an experienced mortgage foreclosure defense attorney. The attorney will determine if there is grounds to fight the motion. The attorney will also be able to discuss all your options. Remember, if you... View More
Hi, The bank filed in 2010, and served me in 2012. The last payment to the mortgage was in Nov 2009. The bank has refused to grant a mortgage modification. They filed within the six years; but had not enforced the foreclosure. The for sale date is always rescheduled by them. Is the statute of... View More
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answered on Jul 24, 2015
The statue of limitations is 6 years from the date of default. There is no statue of limitations defense based on the facts that you stated. You need to retain an attorney who has expertise in both mortgage foreclosure defense and bankruptcy. Good luck.
They did this with the intention of trying to force me into foreclose which I'm trying to defend against by myself due to lack of money.
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answered on Jun 10, 2015
You need to supply more facts. However, the lender has a duty to mitigate damages, and most mortgages provide for a lender to pay property taxes. Paying property taxes and home owners insurance does not force someone into foreclosure, but not paying your mortgage will. Good luck.
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answered on Jun 10, 2015
I have no idea what you mean by overcoming a foreclosure. There are several defenses to foreclosure. You need to consult with an experience mortgage foreclosure defense attorney to help you. Good luck.
House and spouse in NJ, I moved out of NJ to NC eight months ago.
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answered on Jul 23, 2015
When the Lender files a foreclosure complaint, you will be named in the complaint, so that will show up on your credit report. NJ law controls, and the house is a martial obligation. You need to retain an experienced NJ attorney that has experience in both mortgage foreclosure defense and divorce.... View More
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answered on Jul 24, 2015
The statue of limitations is 6 years from the date of default. You need to retain an experienced mortgage foreclosure defense attorney. Good luck.
I have obtained a certified doc from the sec stating that pool and trust were closed before the judgement was entered and the endorsement on the note is a known robo signer ,
The plaintiff recorded the assignment the day after filing the complaint. The trustee could not be the trustee if... View More
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answered on Jul 22, 2015
If a Judgment was entered against you, it is too late to file a motion to vacate the Judgment. Your property was almost certainly sold at sheriff sale. There is a substantial amount of misinformation about mortgage foreclosure on the Internet. There are major differences between the laws of each... View More
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answered on Aug 26, 2015
If you are not living in the house, after the sheriff sale you have no liability to pay the condo fees. Depending on your overall financial situation, you may want to consider Chapter 7 Bankruptcy, if you have no already done so. Good luck.
If the law requires in personnam service and plaintiff failed to do so, is that sufficient to get the complaint dismissed?
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answered on Jul 22, 2015
In New Jersey service of a Mortgage Foreclosure complaint by regular and certified mail is valid. You need to retain an experienced mortgage foreclosure defense attorney. This is too complex a situation for you to handle on your own. Good luck.
Bank filed motion 4 Fin Jgmt. Ten days is allowed 4 Opp fr Df. Bank secretly obtains Writ fr clerk on Day 5 of motion protocol. Df timely files Opp & learns of Writ.
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answered on Jul 22, 2015
Unless you have extremely strong proof of fraud, you will not prevail. You also do not state why you believe there is a fraud. Banks do not secretly obtain anything in a legal proceeding. Everything is public record. You need to retain an attorney who is experienced in both mortgage foreclosure... View More
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