I am a plaintiff pro per who filed a complaint and a preliminary injunction. There has been no answer filed yet. The court instructed me to amend my complaint. My question is when I amend do I have to underline/highlight the changes in the FAC? The changes are extensive. I also understand that I... Read more »
You may be best off hiring an attorney to do this properly for you, as it sounds like you might be in over your head. If you can't afford a lawyer, spend time at your local law library. More details are necessary to provide a professional analysis of your issue. The best first step is an...Read more »
To make things worse title to this house change illegally.Now my uncle open probate case for my grandma and he claiming the surplus funds.But grandmaNOT OWNER of this house.Im owner and I never gifted or transfer my house to my grandma.Thats a lie. So i dont know but i need to show judge theres... Read more »
To challenge the ownership of the property, you'll have to file an 850 petition with the probate court for a determination of who is entitled to the proceeds from the sale of the property. Then you can make a claim for the proceeds. Contact an attorney for a full consultation.
Did you two refinance the home so that only his name would be on the loan? If not, then you may have to file a cross-claim against him seeking indemnification if a lender sues you for a deficiency claim, see:...Read more »
I went to foreclosure in California and my lender used his Power of Sale clause to auction off the house. The sell price went higher than the amount I did owe on the house and I am wondering if I have a right to the money above and beyond what was due on the house as previous owner before... Read more »
Once the mortgage is foreclosed and the creditor take ownership of the property, that property belongs to them, and so does the money they make in selling it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...Read more »
I filed a lawsuit in United States District Court Southern California, defendants have responded with request for judicial notice in support of motion to dismiss. My suit is an unlawful foreclosure. Hearing date is March 17, 2017 Is there a form?
It sounds like you want to file and serve a continuance. You would have to draft such a request yourself. Head to your local law library for resources. You have to inform the other party and properly serve them. If they stipulate to the continuance, make sure it's in writing, and then attach...Read more »
What is the move-out date on the notice you received? That should be the date by which you must move, says common sense. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...Read more »
We are trying to save our home from foreclosure. They claim 1-2 months positive results. However, if for some reason case goes longer like i lose my job, it can go longer and court charges 495$ (will be my expense) every month after....is what they are charging standard and are these court fees... Read more »
Be careful about dealing with firms charging low flat fees in predatory lending cases. You can look up the firm on the CA State Bar site to check their credentials. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...Read more »
But if it too late, what should I do next? I live in California but my home is in New Mexico. The people who rented my home got enviction note to leave the property by September 2. I really want to keep this home. It there a way to do it?
Was the foreclosure wrongful? If so, you may be able to appeal the decision or sue for wrongful foreclosure. As for bankruptcy, there are various options, including possibly Chapter 13, but you should see if you qualify by discussing this with a bankruptcy lawyer. See:...Read more »
Was a new Notice of Default timely filed for this 2016 foreclosure? That would be required. The rescission of default for the prior N.O.D. may be valid. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You...Read more »
Also check the dockets of your local county court and the CA Supreme Court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...Read more »
My question is what is the statute of limitations for a law suit against a bank? My mom lost our home due to employees stealing from her. They stole my moms mortgage payment or payments not too sure on that. She lost our house due to that problem. But she has proof of... Read more »
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications...Read more »
I cant really think.Im devastated but i cant just sit.I need answers.Who do i direct myself to?Grandma did have live-in caretaker,this woman is gone wont answer my calls.I feel aimless.Dont know where to begin.I never got notified about sale of house or where cars were going or our furniture or my... Read more »
If a mortgage and title company violate Fannie Mae's Mandatory Selling Guide and allow a person not allowed to act as an attorney in fact to sign closing loan documents under a power of attorney, is the loan and Deed valid and if it is can it be voided in court?
This is foreclosure eviction. Six days after trustee sale someone came to my home and peered through windows, took pictures, and told me he had to see how much cleanup had to be done. He then proceeded to argue and incite a conflict. As he was leaving he said he left some papers for me to sign.... Read more »
If notice was served, that should suffice, regardless of rudeness. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...Read more »
I was divorced about 8 years ago. While married we had a 1st and 2nd mortgage. The 1st is with Bank of America and the 2nd is with bank of the west. After the divorce I took his name off title and my name is the only one on title. In order to save the house, I had to file chapter 13 to get rid of... Read more »
Did you refinance the mortgage when you changed the title to your sole name? If not, that may be the problem if your husband's name is still on the mortgage with the 2nd bank. They might be trying to collect the loan from him and using the house as collateral. More details are necessary to...Read more »
Home with mortgage owing left to children in parents estate. Estate settled but trust from that estate has not disperesed funds to complete and settle trust. Home is underwater. Appraisal does not cover loan due.
Foreclosure is typically appropriate when the mortgage is in default for multiple months and all due notices have been recorded. Have a lawyer review the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,...Read more »
landlord did not tell us about foreclosure issue. she stated she didn't have to. and to pay rent still . when we got notice in default in dec stated auction date is 12/07/16 mention it to her and said still pay rent she didn't have to explain to me about the issue still. she then... Read more »
My mom passed away, missed a couple of payments, mortgage company wouldn't accept payments, finally got the money for probate, house is to be auctioned, out of time, doesn't seem fair, need immediate help.
You can file a petition for special administration in probate court to be appointed as the special administrator of your mother's estate. Then the mortgage company will deal with you as if you were her. Maybe then you can negotiate a delay in the foreclosure. Hire a probate attorney.
Mother pulled out equity loans with out her son's permission, she now defaulted our home which is under auction. Mother is only on mortgage loan, Bank will not talk with us, filed a BK, help prolong trying to seek help. We paid the mom over 25 years never missed a payment, now she is held... Read more »
We want to save the house since the morgage is on our name, we trusted the person on deed and now she is hurting our credit is there anyway that we can get her out of the deed? Btw she doesnt want to sale the house to us
About the only procedure to do that is to assert an ownership interest in the house with a quiet title action. Whether or not you can assert such a claim would depend on your facts and circumstances. It's time you sat down with an attorney to discuss your matter.
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