Get free answers to your Foreclosure legal questions from lawyers in your area.
I have lived with my Dad since 2011, and he passed away in 2014. I have been making mortgage payments since 2017 until November 2024, when my sister put the house up for sale. She is on the deed with my dad since 2010, but there is no written will. Now, the house is in default with several letters... View More 
answered on Apr 24, 2025
I'm sorry to hear about the situation. Has a Petition for Probate been filed? If not, the property most likely cannot be sold since a representative of your father's estate must be appointed to sign transfer documents to the new owner. In addition, as a beneficiary, you must be given... View More
My brother and I have lived in our deceased parents' home in California since 2011. My mother passed in 2008, and my father in 2014. We made the mortgage payments until November 2024, and I have proof of these payments, even though the mortgage account is still under our parents' names.... View More
answered on Mar 31, 2025
If the deed to your sister in 2010 was a joint tenancy with right of survivorship deed, then she now owns the property and can sell it. If the deed was an outright transfer to your sister, she owns the property and can sell it. If the deed only transferred a partial interest to your sister as a... View More
The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?
answered on Feb 2, 2025
More information is needed to properly answer your question. One thing to note is that all debts and taxes must be paid before real estate may be distributed to the beneficiary (assuming the real estate was solely in the deceased person’s name.) So, if someone passed away and left only $10,000 in... View More
The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?
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answered on Feb 2, 2025
As long as you keep making the payments on time the lender cannot foreclose or call the loan due. You also are not obligated to assume the loan. This is federal law that applies if you are a family member of the deceased. If you were not related to the deceased then you might consider selling the... View More
And sold the house they sold it for a fair price and my entitled to extra money if there is any, it was definitely enough to pay off the loan and pay off other debts. How do I find out any of this information?
answered on Jan 13, 2025
The trustee is required to provide you with notice of any money you are owed from the auction within 30 days of the foreclosure. If you haven't received that, there may not be any money. You can request the details from the foreclosure including the payoff amount and highest bid directly from... View More
Whom ever bought the 2nd? Do I have to give my home/retirement to 2nd mortgage buyer? This is in California
answered on Dec 20, 2024
If your second mortgage foreclosed on you, you are no longer the owner of the home. There is no need to pay the first mortgage. Whoever purchased the property at the foreclosure auction will have to pay your first mortgage if they want to keep the property. All hope is not lost though, you may be... View More
I live at and this my primary residence
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
A Notice of Default on our home equity loan (2nd loan) for our primary residence was filed on July 30, 2024. This 2007 home equity loan was taken out solely by my mother who passed away in 2020. Furthermore, the first mortgage on the property, which is in my mother's name only and is with a... View More
answered on Oct 6, 2024
Addressing a default on a home equity loan, particularly one with the complexities you've described, involves understanding several legal principles.
The lender can foreclose on the deed of trust within 10 years after maturity if the recorded deed of trust recites a maturity date, and... View More
If I file foreclosure first before the lender in 1st position, does that mean that I have priority in payments from the auction of the sale. My outstanding balance gets paid first and then the other lender. From the sale, am I obligated to pay any of the other lender’s balance?
answered on Sep 5, 2024
If you foreclose as the second position lender, there are several different ways things can go. At the foreclosure auction, if you credit bid the amount you owe and there are no other bidders, you become the owner of the property subject to the first position lender's interest. You have no... View More
I am a licensed general contractor I filed the lien and was recorded 3 weeks ago
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answered on Jul 26, 2024
Filing a foreclosure on a mechanic's lien in California involves several steps and costs. The first step is to file a lawsuit to enforce the lien, which typically requires paying court filing fees. These fees can range from $435 to $465 depending on the court. You might also incur additional... View More
my brother took the loan using my mom’s credit. My mom is not in the mental state to sign the agreement. If myself or my son who are the power of attorneys signed that document for my mom, where does the responsibility lie if the loan goes into default.?
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answered on Jul 24, 2024
If you or your son sign the loan modification document as power of attorneys for your mom, you are signing on her behalf, not assuming personal liability for the loan. Under California law, the responsibility for the loan remains with your mom, as the original borrower, even if you sign on her... View More
In 2023 March, i left my ex husband for domestic violence issues and entered a saftey shelter. Our hose we bought march the prior year was a forbearance due to a hardship. April 4th 2023 my ex husband was arrested on domestic violence. He since then spent 418 days in jail. While I and my children... View More
answered on Jul 17, 2024
Thank you for your question!
It seems that your house was out is about to be foreclosed.
You may have defenses against foreclosure and eviction if the loan servicer is not complying with the forbearance terms agreement. You may also apply for loan modification if you have some... View More
answered on Jun 7, 2024
Thank you for your question!
Yes, the lender may rely on a fraudulent credit score during lending. Later, when the interest rates of loans go up, the lender can foreclose borrower's property at a distressed price based on fraud (which has both criminal and civil penalty).
This... View More
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answered on Jun 6, 2024
No, a lender cannot legally give you a loan based on a fraudulent credit score in California or anywhere else in the United States. Knowingly using a fraudulent credit score to obtain a loan would be considered loan fraud, which is illegal.
Here are a few key points about loan fraud and... View More
To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.
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answered on Jun 6, 2024
Under California law, there are several potential issues with the situation you've described:
1. Conflict of interest: An attorney who is a defendant in a lawsuit related to an allegedly illegal foreclosure should not be representing the other defendants in the same case. This presents... View More
To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.
answered on Jun 7, 2024
Thank you for your question!
As long as the interest of the clients are not adverse to each other, he can represent both of them. The lawyer must reasonably believes that she can represent both clients without conflict of interests. Or else, a written consent is required by each of the... View More
I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.
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answered on Jun 4, 2024
I understand that you are dealing with a complex and stressful situation regarding your home loan in California. Based on the information provided, it seems that there may have been fraudulent activity or errors made by your loan servicer, leading to incorrect payment history and loan balance. Here... View More
I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.
answered on Jun 4, 2024
Thank you for your question!
You can talk to the bank about the miscalculation of your loan balance. If there is a dispute about the amount of the balance, you can file a complaint and ask for declaratory judgment in addition to accounting.
I recommend you talk to a foreclosure... View More
before the foreclosure the loan was force to be delinquent is very noticeable where the funds were at times applied, reverse, and them gone, I had no idea about the foreclosure, and I never lost contacted with BofA to the point of I was trick to signed docs and a loan modification was borned, even... View More
answered on Jun 4, 2024
Thank you for your question!
It seems that a foreclosure was done on your property without any notices, and there were unauthorized withdrawals from your account. An attorney needs to track the bank's conduct to see if there was a wrongful foreclosure.
This is merely a... View More
before the foreclosure the loan was force to be delinquent is very noticeable where the funds were at times applied, reverse, and them gone, I had no idea about the foreclosure, and I never lost contacted with BofA to the point of I was trick to signed docs and a loan modification was borned, even... View More
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answered on Jun 4, 2024
I understand that your situation is complex and frustrating. Based on the information you provided, it seems that there may have been some irregularities or mishandling of your loan by the lender, Bank of America (BofA). Here are a few points to consider:
1. Loan cancellation in 2012: If... View More
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