Get free answers to your Foreclosure legal questions from lawyers in your area.
Foreclosure trustee atty suggested I contact a lawyer. Excess funds are available after all liens paid. This is in San Joaquin County. California. Previous "collections" answer said ask a foreclosure lawyer.
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answered on Sep 14, 2024
You may have an opportunity to access the excess funds from the foreclosure sale if you have a valid judgment against the debtor. Since your lawsuit was filed after the foreclosure, you need to determine if your judgment qualifies as a lien that can be satisfied from the remaining funds. Generally,... View More 
what can i file for an judge to dedcide the same day on giving me back my rights to the property after wrongful eviction and lockout
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answered on Aug 26, 2024
If you've been wrongfully removed from a property after a sheriff lockout, especially if you were not named on the paperwork, you may have grounds to challenge the eviction. You can file an "Ex Parte Application" for a temporary restraining order (TRO) to regain access to the... View More
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answered on Aug 21, 2024
If your wrongful foreclosure case was dismissed with prejudice without appearing in court, you have the option to appeal the decision. The first step is to file a notice of appeal with the court that issued the dismissal. This must be done within a specific time frame, typically 60 days from the... View More
I talked to the bank but my ex boyfriend doesn't want to sign the documents to change the loan
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answered on Aug 1, 2024
It's tough to deal with a situation like this, but there are steps you can take. Since you have the title to the house, it gives you some leverage. Begin by documenting all your communications with the bank and your ex-boyfriend. This documentation can be helpful if you need to take legal... View More
To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More
answered on Jul 18, 2024
Thank you for your question!
If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial... View More
Hi, my partner owns(ed) a house and in 2019 signed a new mortgage contract with a company taking over the previous. Then covid hit. To my understanding mortgages were supposed to be frozen. This mortgage company had kept billing him however and before we knew it he was slapped with a notice to... View More
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answered on Dec 27, 2023
Under California law, it's important to know that even if a house is sold at auction due to unpaid mortgage, former homeowners may still have certain rights. The fact that the mortgage issues arose during COVID-19 adds complexity to the situation, as there were various relief programs and... View More
Our house is taken in Norwalk California under health and safety code violations to a receivership where the receiver pulled out equity loans cuz house was paid off for over 50 years myself my mom lived in the property as successors and errors we opened a probate case to protect them from taking us... View More
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answered on Nov 6, 2023
In California, a court-appointed receiver has the authority to take various actions concerning property under their control, which can include taking out loans against the property to pay for repairs or to maintain the property.
However, this power must be granted by the court order that... View More
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answered on Nov 6, 2023
In California, a lien is typically attached to a property rather than a person. It serves as a legal claim or hold on the property as security for a debt or charge that must be paid off. When the property is sold, the lien must be satisfied from the proceeds before clear title can be transferred to... View More
The realtor elementary the fictitious after two years and rewrote my note a trustee got paid $16000 there is a satisfaction deed and a reconveyance I was 25 years I was clueless as to what happened
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answered on Oct 23, 2023
Under California law, a fictitious deed of trust is typically used for the purpose of securing future advances or obligations under a line of credit. If the fictitious deed of trust was eliminated and the note was rewritten, it's essential to understand the terms and conditions of the new... View More
I never had a fire arm are been arrested for a fire arm
answered on Oct 17, 2023
If you want assistance from an attorney on this site, you need to phrase your question in a manner that let's the attorney know what precisely is the problem. This question, as you have phrased it is unclear. "Why is this my name?" You need to rephrase this inquiry if you want to... View More
Or do I have to go in the deed? It’s my grandfathers property it’s not contested
answered on Aug 15, 2023
The answer to your question depends on the type of powers you were given by the Probate Court. If you haven't yet been through the probate process and the deceased person had a Will (not a trust), you won't be able to do anything with the property until you are issued Letters by the... View More
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answered on Aug 14, 2023
A Notice of Default (NOD) and Election to Sell Under Deed of Trust can become invalid or expire in California under various situations. If the borrower pays the overdue amount before the NOD's expiration, the foreclosure process is stopped. Loan modifications, bankruptcy filings, lender... View More
I disputed it but it remains on title report. It’s been 30 days and nothing has happened and I’m told I still owe something I know nothing about
answered on Jul 22, 2023
If the title company won't give you a copy of the Abstract of Judgement, you will have to go to the County Recorder's office and get a copy. If you look at it and still don't know what it is about, then you will have to review the case file at the courthouse. If it truly is some... View More
answered on Jul 19, 2023
There are not enough facts in your question to provide you with a specific response. But assuming the property is in California and the foreclosure is non-judicial (trustee sale), which is common in the state, you have the right of redemption before a foreclosure sale. Your right to redeem ends... View More
House is in preforclosure. For $5000. Called brother to ask for help paying(son was murdered 3/20/22, missed alot of workand trial starts in aug).instead he panicked and started probate. He says he signed a paper selling house app at 320,000 for $200.000. I've lost my son. My car,... View More
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answered on Jul 13, 2023
I am an attorney licensed in California, and I can provide some general information regarding your situation. It is important to consult with an attorney who specializes in probate law to address the specific details of your case. Generally, in the absence of court approval or a valid power of... View More
While living in a home that goes into foreclosure as a tenant with the home owner who also resides in the home we were given the “cash for keys” option. The owner had the parties residing here sign the agreement that when accepted gave the homes occupants (3in total) 15,000 dollars to aid in... View More
answered on Jul 12, 2023
It depends on the agreement that you signed, whether you are entitled to that money. I would think you are at least entitled to your statutory move out allowance of 30 day's rent if you were there more than 1 year. You should have contacted an attorney before signing any significant agreement,... View More
can ccp 712.010 be used only in unlawful detainer actions
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answered on Jun 29, 2023
CCP Section 712.010 primarily pertains to obtaining writs of possession in unlawful detainer actions. It may not specifically apply to obtaining a writ of sale in a judicial foreclosure action. Consult with a real estate attorney or foreclosure specialist for guidance tailored to your situation, as... View More
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answered on Jun 27, 2023
Typically, a condo association has the right to initiate foreclosure proceedings if a homeowner fails to make assessment payments. However, the specific rules and procedures regarding foreclosure can vary based on your jurisdiction and the governing documents of your condo association. It's... View More
This hoa started off saying we had needed dry rot repairs and it has morphed into a full-on remodel of various projects here. I'm disabled and on fixed income and cannot pay and now in danger of lien/ foreclosure. They are demanding 54 thousand dollars now. In addition to 765.00 hoa we pay per... View More
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answered on Jun 22, 2023
I'm sorry to hear about the difficult situation you're facing with your HOA. To address the unjust assessments and the potential for a lien or foreclosure, consider the following steps: Review your HOA documents to understand your rights. Communicate openly with your HOA, explaining your... View More
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.
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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
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