Get free answers to your Foreclosure legal questions from lawyers in your area.
When BK was discharged. We did not stay in the home but let relatives stay in the home for upkeep of the property. I was Active Duty military and under SCRA protection, the bank never foreclosed on the property. Recently, I left Active Duty and the bank has moved forward with foreclosure. NOD... View More 
answered on Jan 3, 2018
You should seriously consider a short sale but you have to move FAST. I have done 100's of short sales at no cost to the homeowner so I have a lot of experience in such matters. I am real estate broker and attorney with bankruptcy experience. As for DIL - they can be difficult in California... View More
Two houses in a blanket loan both in foreclosure and both filed in bankruptcy. They were in all in We were going to sell one property to a tenant and live in the other. The owner died without a will
answered on Nov 23, 2017
I'm sorry, but I'm confused by the facts of what has happened. If you are an heir to the decedent's estate, then you can file a probate petition to settle the estate and possibly distribute the house to you. Contact a probate attorney in your area for a full consultation.
The bankruptcy judge granted a stay of 6 months, starting 09/15/17. Can the foreclosure proceed on 12/19? Or does the foreclosure sale have to be postponed until the end of the 6 month stay period (3/15/18)?
answered on Nov 14, 2017
I wish I could help you, but it's not possible to offer guidance on something so specific unless a lawyer can see all the relevant paperwork. You should consult your own lawyer immediately, and if you don't have a lawyer I think you better get one or else you won't know what your rights are.
My husband was served a complaint yesterday indicating that he was being sued by the HOA of a timeshare property that was foreclosed upon during his bankruptcy 9 years ago. They are claiming he has not paid his HOA dues for 9 years, which amount to $35,000 plus attorney fees, etc. I am an attorney... View More
answered on Aug 14, 2017
As a bankruptcy attorney, I can address one issue: So long as your husband remained on title, he was responsible for paying the HOA fees even after the conclusion of this bankruptcy case. If a foreclosure actually took place, but new title was never recorded, he would have remained as the title... View More
I have not received any emails or mail notifying me of a notice. No one from the HOA office has called me back in over a week, and they have locked me out of my profile online and disabling me from making an online payment.
answered on Jul 25, 2017
What is their basis for doing so? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
Hi, I am buying a house that is in probate. Owner of house is passed away and wife is selling house as administrator of the estate. She is not on the title because they were married only a year before his passing. We of course have a time sensitive escrow and must close by July 26th or it will go... View More
answered on Jul 10, 2017
Your question may be confusing differing probate procedures for sales. If the administrator has the right authority, and the sale does not go through, you may be able to recover damages from the estate. You need a consultation with a probate/real estate attorney.
Military Lawyer confirmed estate under 100K didn't need probate. I'm the sole heir, 3 siblings, will distribute when process complete. Trustee says after the auction, their might be excess money available for the heirs. Trustee says "since there was no probate please submit the... View More
answered on Jun 23, 2017
San Antonio, TX:
I am a bit confused about the status of the heirs. You state that you are the sole heir, but have three siblings.
The form you want is called an "affidavit for collection of personal property." There are many examples online if you search for the form... View More
I'm a tenant in California the owner is trying to do a short sale before the property goes into foreclosure,I have been living here for over 6 years with my disabled father. The owners real estate agent advised me that they will make a offer to the bank for relocation assistance but advised me... View More
answered on Jun 10, 2017
Here are some useful links for you:
CA Tenant Rights: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
CA Evictions: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
Security Deposit issues: http://www.courts.ca.gov/1049.htm
Repairs and... View More
I never gave the house to my grandma. But i see a doc filed saying i transfer to her. I need help. Theres a deadline. What do i do first to stop or hold disbursement of funds. Court has surplus funds right now Looks like my uncle filed grandmas probate saying hes next of kin He also filed claim to... View More
answered on May 30, 2017
You can file an objection with the court to challenge the probate proceeding. Contact an attorney for a full consultation.
He filed foreclosure, and refused to sell it to me as a short sale. i had a paper indicated purchasing half share.what should i do to? how can i convince the bank to sell it to me as short sale? what are my rights in that case?
answered on May 22, 2017
Banks typically must approve short sales. It depends on the terms of your agreement with the owner, and whether you recorded any sale of the home in your name. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
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answered on May 22, 2017
YOU NEED TO FIND OUT IF YOU MOTHER HAD A WILL. IF SHE DID NOT AND YOU ARE THE ONLY SON, THEN YOU HAVE TO GET HER DEATH CERTIFICATE AND ASK THE PROBATE COURT TO APPOINT YOU HER ADMINISTRATOR. THEN, WITH THE COURT LETTERS YOU CONTACT THE BANK OR TITLE HOUSE THAT HAS YOUR MOTHER'S MONEY AND ASK... View More
answered on May 12, 2017
Sue them for what? Have a lawyer determine whether you have any basis for a lawsuit. 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,... View More
The condo has a Non judicial foreclosure date of tomorrow but I have already paid Mays rent. What rights do I have as a tenant? How long will I be given to move out? I have been here 23 years.
answered on May 5, 2017
The new owner would be responsible to uphold any lease you signed.
See: http://www.aeesq.com/2011/02/18/renter-beware-northern-california-renters-rights-in-the-face-of-real-estate-fraud-and-investment-fraud/
By the way, the term executor is gender neutral. More details are... View More
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... View More
answered on May 4, 2017
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... View 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... View More
answered on Apr 30, 2017
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.
divorce court issued the heloc his responsibility, and primary residence mine. I do not want to lose my home.
answered on Mar 22, 2017
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:... View 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... View More
answered on Mar 6, 2017
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... View 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?
answered on Mar 3, 2017
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... View More
I was told I had 30 to 60 days to move,I am looking for a place to live. What is my next step.
answered on Feb 24, 2017
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... View 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... View More
answered on Feb 16, 2017
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... View More
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