BOTW was purchased by BMO under the Department of Treasury. BOTW are stealing homes fraudulently over petty amounts and with little notice. I have evidence of criminal actions by BOTW. Neither bank is claiming liability for a potential RICO Case.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2023
I'm sorry to hear about the difficulties you're facing with foreclosure proceedings and alleged criminal actions by BOTW in California. Laws regarding foreclosures can vary by state, including in California. It's important to consult with a real estate attorney who is knowledgeable... View More 
The city has allowed warehouses to box my house in on all four sides and for the past few years, it has been a living hell with warehouse owners, construction workers, and big rig drivers, noise, etc. My children can no longer be outside to play. I tried Personal Injury attorneys, but they said... View More
answered on Jan 17, 2023
This is a question for real estate and zoning attorneys. Good luck.
No will, trust, or probate. Title held in both parents names. Both deceased. Last one on 9/20/22. Email from HUD services states we need to leave and they may lock us out at any time. Need time to empty the home. Home is not worth the mortgage balance. Ok with foreclosure as long as we have some... View More
answered on Nov 16, 2022
yOU WILL DO YOURSELF A BIG FAVOR BY SEEING AN ATTORNEY IMMEDIATELY with (sorry about the caps) all the relevant papers. Frankly, it sounds like there have already been foreclosure and eviction proceedings.
Who is responsible for enforcing CCC 2924m? CA Civil Code
answered on Sep 25, 2022
Speak with a real property lawyer in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
we did to know how to fill and appial and sueing the bank
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2022
I highly advise that you speak to a qualified attorney as soon as possible to preserve your rights.
The mortgage has not been paid since he passed. And the tenants just received a foreclosure notice. The property needs more work than it’s worth but I spent so many summer days there and it has great sentimental value of the property. How can I stop it from being foreclosed on and not have my... View More
answered on Jul 26, 2022
You need to consult with a probate attorney. Because there was no will, the laws of intestate apply (ie property goes to grandpas kids, then grandkids, etc). Talk with a probate attorney if there is anything that can be done if grandpas kids won’t sign away their interest.
answered on May 4, 2022
This is quite a broad question to answer. If you have specifics, it would be easier to identify if the loan may be void or voidable.
There are several ways to challenge the validity of a loan. If there are missing terms, such as the number of years to pay or the interest rate the lender... View More
I had a loan mod approved bank called me back to remove ex husbands name said i would get updated package never got callwd and emailed dozens of x never told buy 1 person in bank my house was in foreclosure they finally said they found my modification and would fedex it out they did but then i... View More
answered on Dec 20, 2021
you need a full detailed consultation with an attorney that has experience in mortgage litigation. there are too many facts missing and the attorney would need a timeline and all documents you have.
The mortgage was in my ex brother in law's name. Before he passed away he deeded the house to me. Would I qualify as a eligible bidder or eligible tent buyer?
answered on Dec 13, 2021
no. if you are on title to the property, you would not be able to bid at auction. the post is a little confusing because you say the "house was auctioned off" which implies it was already foreclosed upon so it's not clear how you would be able to bid on anything at this point.... View More
In a UD action, at a hearing of which I appeared in pro per, my friend came with me, for support, and for me to have a witness, but was denied access by the Bailiff, denying me the chance to verify claims now before the court. b4 entering ct. rm counsel put me in a moral quagmire, weighing my... View More
answered on Dec 2, 2021
You need to discuss all these issues with a lawyer. This question and answer format does not give us the opportunity to review all your evidence, or lack thereof, and then give you clear advice on what you might do.
Furthermore, there is insufficient information about what the result of the... View More
i hadnt paid for sometime based on the fact that HOA was harassing my mother who lived at the property
and refused to take care of the property and would skip her house because of one of the board members
not liking her
answered on Oct 19, 2021
HOA is within their right to foreclose. The only way to avoid foreclosure is to bring the account current all at once or file a chapter 13 bankruptcy to enter a payment plan to catch up. You will need to have a consultation with an attorney. (Note: withholding HOA payment is not the proper... View More
We’re trying to avoid foreclosure (auction in >1 week) on our 1st mortgage (30 yr, taken out in 2002, and 40+ months behind on payments). My bk hearing is coming up in a few days for a Chapter 13 BK, and the repayment plan is huge. I was hoping to strip off my husband’s second mortgage... View More
answered on Oct 11, 2021
Yes they can still foreclose. There is no such statute of limitations on secured debt. Talk to your chapter 13 attorney as to your options. If you cannot remove the lien in the chapter 13, you may have to pay to keep the home, or you may have to consider selling the house.
answered on Aug 26, 2021
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... View 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... View More
answered on Jul 30, 2021
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.
answered on Jul 27, 2021
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... View More
answered on Mar 26, 2021
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2021
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2021
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... View More
answered on Dec 9, 2020
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.... View More
answered on Oct 21, 2020
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
