If a foreclosure is called off for some reason, and it appears that such is the case with you, the mortgagee (the mortgage company) rightfully wants to have possession of the original mortgage and note. It will need them if your modified mortgage goes into default and must be foreclosed again. So...Read more »
If you think you want to do this yourself, be aware that foreclosure is complicated; and since prevailing party attorney fees are normally awarded, it would be best to at least search for an attorney to do it for you. If you insist on doing it yourself, I suggest that you look at other foreclosure...Read more »
My grandpa died over a year ago and the mortgage company was informed of his passing and that no one had a desire for this property. A debt collection lawyer has sent me a paper in regards to the mortgage debt trying to claim me to it and this property is in ohio where he lived and I live in... Read more »
You should ask in Justia > Ask a Lawyer > Ohio, but if Ohio mortgage law is anything like most places, simply ignore the paper you received; the mortgage company can't get a personal judgment against you, the best it can hope for is a judgment giving them the right to sell the property.
Mortgages are in the priority of time. So a first mortgage would be first in time. If you have satisfied the original first or second in time mortgage(s) they are are no longer liens on your home and are no longer mortgages. So the next mortgage you put on your home would be considered at this...Read more »
Last November my dad passed away. His only "asset" in Florida was a promissory note and mortgage he did to my brother on 2008 to help him buy a house. My brother is the mortgagor and my dad the mortgagee. We have initiated the probate process. My brother never made a single payment on... Read more »
Yes, the estate can probably foreclose the mortgage. Each failure to make a payment would be a default, so a failure to pay 4 years and 11 months ago would be a default not barred by the statute of limitations.
My dad passed away and we have started the probate process. The only "asset" my dad had was a mortgage made out to my brother. My brother never made a single payment. Now he says he has an affidavit signed by my dad a year before he died statting that my brother paid the mortgage and... Read more »
Buy a house. Lended the money as a form of a mortgage. My dad was the mortgagee and my brother the mortgagor. The mortgage was recorded and it was prepared by an attorney. Unfortunately my brother never made a single payment to my dad. My dad passed away last year. We have started the probate... Read more »
Was facing foreclosure TWICE with them now and because of their errors, looks as if I will face it again! Can not avoid all their ""fees" added to everything after they say they were removed etc.. its crazy
It appears from your question that you are a pro se DIY foreclosure "specialist". You need the lawyer you should have hired at the outset: a lawyer who does foreclosures, creditors rights and bankruptcy.
You need to visit with a foreclosure defense/bankruptcy lawyer TODAY. From you question I cannot understand if your home mortgage is in foreclosure, or you are being sued on a student loan. In either case, run, do not walk to a good bankruptcy lawyer in your community.
a condo is for sale at the sarasota county website. The Plaintiff is the HOA and legal doc's say the plaintiff's max bid is the exact amount of what is owed to the HOA for late fee's, etc. The Defendant on the case is the owner of the condo and also Secretary of housing and urban... Read more »
Wanting to add into my opposition of motion....plaintiff intentionally misrepresented the motion since the affirmative defenses they are referring to in motion was amended prior to this motion but as detailed in the Judge's Packet and on all included paperwork, the hearing is on the striking... Read more »
Their surplus funds $33,000 vehicles $28000 and a $25000 inheritance to be accounted for. I've been in the dark and told that I was not allowed to find out anything and so probate was over and we have never talked to this guy nobody knows him in now we're homeless because the house got... Read more »
After the fact is the wrong time to start this. First, at least in Florida a non relative cannot be a personal representative if they live outside the state. Second a probate proceeding is a court proceeding and any irregularities should have been brought to the Judge's attention that is why...Read more »
Chapter 7, automatic stay lifted re: foreclosure. Florida case. Must the lender refile the foreclosure? The foreclosure docket says the case is closed. Or can the lender just pick up where they left off in the same, pre-bankruptcy case?
Also, can voluntary dismissal avoid turnover? The... Read more »
Scenario: In Florida, Person A secures a mortgage and purchases a home and some time later adds Person B as a Joint Tenant w/ Right of Survivorship. Five years into a thirty year mortgage, Person A dies. As the ownership of the property transfers over to Person B, they are unable to cover the... Read more »
Yes the person added to the deed would be named as a Defendant since they have an interest in the property being foreclosed. They would not however be responsible for paying any part of the mortgage obligation since they did not agree to the same. As a general rule this would also affect person...Read more »
My ex husbands name was the only one on the loan both are names was on the deed after they made the attempt to find him and couldn't they finally decided to talk to me, I told them the only reason I was still in the house is that I was a veteran and was trying to use my vs home loan benefit... Read more »
The certificate of sale is usually issued shortly after the sale. It would have sold, either to the mortgagee/ plaintiff or to another bidder. You should call the attorneys you dealt with to find out when the certificate was issued and to whom you should surrender the property.
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