I think there are initially two issues. What makes you feel this loan is illegal? And, exactly what did you say on the loan application?
Hard money loans are not automatically illegal but normally are made to persons who own a business and are intended for business purposes instead of... Read more »
I bought my home back in 2004, with 2 loans (20% & 80%)… 2010 I made a loan modification to combine both loans. I started paying one single payment. In may 2021 I got a default notification and my home has been foreclosed now because the loan modification was made on only one of the 2 loans... Read more »
the loan is secured on the property which means they can foreclose at any time, even 10 years later. to avoid foreclosure, you are going to need to pay the balance due in a lump sum, negotiate the payments due, or file a chapter 13 bankruptcy and do a payment plan to catch up to avoid foreclosure.
I was able to resume monthly payments, however, new mortgage service has denied me a repayment plan and refinance option.
You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.
Her name is on the deed and his name is on the actual mortgage loan he wants to do a quick sale on the house but is it possible for him to do so without her consent with her name not being on the actual mortgage loan ?
He also claimed that he stopped paying the mortgage about 5 months ago... Read more »
Your mom needs to call and consult with a lawyer that is familiar with real estate and bankruptcy law. If she is on title, he cannot sell without her permission. If he stopped paying the mortgage, she needs to pay the arrears if she wants to stay in the house. If there is equity in the house and... Read more »
You are going to have to elaborate a lot more. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
You really need to provide far more specific information in order to obtain a meaningful answer.
After an OSC, the court ordered the sale of a residence in October. The homestead granted was $75K. If a BK is filed in December and later dismissed in January/February, does the Judgment Creditor need to file a new OSC in order to get another court order - or is the original OSC restated? The... Read more »
the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.
Soon to be ex left with kids to AZ. She left me with a house in California we cannot afford. I need it gone before foreclosure. How can I get her to make the payments for a few months? She lives with her parents and teaches. She REFUSES to sign realtor contract just to be mean. I feel helpless.... Read more »
As long as there is no legal action pending (i.e. a divorce) and as long as you are not represented by counsel, you are helpless. The first step towards getting control over the situation is getting court orders. Start by filing a petition for dissolution.
My soon to be ex left me with the house in California. I cannot afford it and she won’t sell. Cannot afford to get atty involved as there is no gain. Should I just go through foreclosure?
Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... Read more »
If your ex does not want to cooperate, there will be a long and VERY EXPENSIVE court proceeding called a Partition, where the Court can order the house to be sold, and proceeds divided. You need to contact her and explain that any cost for this is going to come out of the sale proceeds and is... Read more »
*California* atty. preferred:
My mother and grandmother live in Seal Beach Leisure World.
If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem... Read more »
For a creditor to put a lien on real property there usually must first be a judgment. Once there is a judgment against a certain individual then that judgment creditor can enforce their judgment by either placing a lien on real property, garnishing wages, or placing a levy on a bank account. The... Read more »
California atty. preferred:
My mother and grandmother live in Seal Beach Leisure World.
If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem... Read more »
It can be place on there While the parties are alive. If the debtor passes first, the creditor must remove the lien or risk blemishing title. If the non debtor dies first, besting title in the living debtor, creditors are free to collect on the debt and the lien is secured.
My mother and my grandmother live in Seal Beach Leisure World.
If they are both co-owners and residents (joint tenancy) of this property and one of them passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property even though the person passed away... Read more »
You really need a California lawyer to respond to this question, but under traditional common law principals (which may not be so common in California) a lien for debt does not arise until it has been reduced to judgment. Thereafter there is a process, pretty much unique to each state, on the... Read more »
yes ,you are entitled to a return of your security deposit if home is left in condition it was when you moved in. I hope you have photos to prove it. You are also supposed to get a 30 day notice.
it will be sold possibility within the next month or two. My question is, should I pay until it forecloses or give my notice to move.
If you are not comfortable with the situation, give notice, and move. 30 days is pretty standard. Tell LL to take last month out of the security deposit. Ask for a Pre-move out inspection by LL to go over what repairs he believes are needed. BTW- you are absolutely entitled to have the LL give... Read more »
sold on 6/18/20. I the renter is still paying rent. Do I have to continue to pay rent?
Under normal circumstances your payment of rent is not dependent on the Owner paying the mortgage, which is unfortunate because if the LL does not pay the mtg. the house is foreclosed and you are evicted by the bank. I have never heard of a bank letting a renter stay and pay the rent to the bank,... Read more »
I’m in San Bernardino county
declare bankruptcy
PHH mortgage returned my reinstatement payment even though it was made on time. I followed their direction and got in touch with the attorney they had to handle a foreclosure. The Letter from the attorney had a precise and clear instructions that i followed every steps of the way. I wire-transfer... Read more »
The good news is, because of the pandemic, the court system is shut down and it is unlikely a foreclosure will occur in the immediate future. However, this does not solve your problem. I suggest you write the attorney who has been handling this matter and explain the situation clearly as you have... Read more »
2 bathrooms 95% complete (punchlist, barn doors and faucets left). Materials were not in yet (this was the 2nd or 3rd time we were waiting on her), but temps were installed. Left job for 2 weeks due to previously scheduled out-of-town job. Client fired us and refuses to pay for the 2nd bathroom or... Read more »
"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.
Here's a link to the... Read more »
shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."
There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan... Read more »
Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt... Read more »
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