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answered on Jun 16, 2022

You have a lot of issues in your inquiry. Without seeing the docket and gathering more information it is not possible to give you an answer. You should contact an experienced foreclosure defense attorney to go over your legal rights.

To complete a "short sale", you need to procure the consent of the mortgage holders. Both of them, because your buyer will want to take legal title free of all liens and encumbrances. In other words, you need to persuade both lenders that the best way for them to be repaid is from a... View More

Depends on his agreement with the IRS. You should run this by an accountant, but if the house is transferred they can't put a lien on something he doesn't own.

If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work... View More

The agreement refers to the deed. If the deed does not accurately describe things then you may have a claim with the title insurnace company or others. I suggest you review this with an attorney who handles real estate matters.

Although you need to speak with a Texas lawyer, as a general proposition, if you are the sole person on the deed, you have the right to sell it. However, if there is, in fact, a written lease, any sale would have to honor the terms of that lease. Therefore, as a practical matter, you better find... View More

If your auction was a sheriff's sale pursuant to a foreclosure judgment, the successful bidder at the sheriff's sale gets title free and clear of the mortgage debt that was the basis for the foreclosure, and all liens and charges that are junior to the foreclosed lien indebtedness. Most... View More

Make sure it's titled in her name. She should give you a document that she accepts all responsibility. You say "x"--did you have a divorce (if she got posession that may cover it) or just separated?

At age twenty-one, by law, your son is fully empowered to enter binding contracts. So under existing law, he , like any other competent adult, empowered to enter into a lease of real estate.

Your question has much more to do with whether any residential landlords will agree to enter into a... View More

From the reports I've seen recently, although interest rates are near record lows, the banks and other mortgage funding sources have been tightening credit, raising the minimum credit scores needed to qualify for a mortgage loan.

Probably, from what you say, your credit score is below... View More

More information is needed, however, the answer is very likely, no.

As you correctly surmise, things are all out of whack with the court system due to the pandemic and resultant shutdowns. You're going to need to contact the Court of Common Pleas for the county in which your foreclosure case is pending. In Pennsylvania at present, each county is largely... View More

I agree that you need a “professional opinion,” which means that you should engage a lawyer to look into the situation and give you advice.

From your brief description, it sounds like there may have been a mortgage against the property, unpaid taxes or a judgment that was not paid, any... View More

I assume you mean that your mother was the borrower on the Note and Mortgage, that either her will named you as sole heir to the house, or if no will, that you are an only child.

Yes, it is possible to save the house, but more of your financial facts are needed, as well as a real appraisal... View More

Your legal obligation is the standard real estate sales contract is to deliver clear title (free of liens, encumbrances, and title defects) at the closing/settlement of the sale. The taxes will be paid by the escrow agent at time of settlement, so that the property is delivered to buyer free of... View More

All states have "intestacy statutes", determining how a decedent's property will be distributed, and to whom. You don't say where the property is located, which would determine which state's law would be applicable, as to that property. The foreclosing creditor most... View More

If you do nothing, the court will enter a judgment by default against you and any interest you may have in the property to be foreclosed. In PA, DE and several other states, a foreclosure is an "in rem" proceeding, limited to foreclosure and sale of the property, and does not initially... View More

A subpoena would ordinarily be used to require a non-party to appear for a deposition or produce documents. It is not used to request another party to appear or produce documents. Your lawyer can serve the defendants with a Request for Production or a Notice of Deposition, as the case may be.... View More

To answer your very specific question-

No, you cannot be coerced by a foreclosure court or probably any other judge to sign off on any of the types of consensual agreements that you list. Probably the more important question is about what you hope to accomplish by your refusals.... View More

Risk of loss follows title to the real estate. You do not say whether the foreclosure sale has been held, or whether the sheriff's deed has been issued to the successful bidder. Nor do you say who caused the cancellation of the home owners insurance. But, "can" you cash the refund... View More