The mortgage is recorded as its the lien on the property; the note does not need to be recorded. If you are behind on payments the agreement says what happens; but there is no minimum amount needed to foreclose and it will cost you many many times $300 just to hire a lawyer to defend it so better... View More

No. The mortgagee will probably be able to get relief from the automatic stay.

Yes its a huge corporation moving around millions of dollars, they can't just go look at the register like local mom and pop shop. 30 days is also the reply timely to verify a debt per the FDCPA. Best tip is simply pay what is due to bring the account current RATHER than paying a lawyer.... View More

It will probably delay it. But eventually the plaintiff will probably move for relief from the automatic stay in bankruptcy, so that the foreclosure can continue.

Normally a jury trial is not available in foreclosure cases.

That is rather unusual. Your landlord would normally have refinanced when she bought the property, and the previous owner would no longer have a mortgage on the property. Presumably you ("unknown tenant"), perhaps are named as a defendant. if the foreclosure sale happens, you could be... View More

I don't think you need counsel yet - as you have not given the lender time to digest the information they probably just received yesterday or maybe not even until today.

But - if Carrington proceeds to foreclosure then you must seek counsel immediately. In the meantime you can ask for... View More

Do the same thing that the "debt collection" would do: take a mortgage to secure the debt which will be owed to you. Be sure you have an attorney help you with that.

In general, if your home was foreclosed the court normally retains jurisdiction to, among other things, enter a deficiency judgment. So yes, in an appropriate case the bank can seek a deficiency judgment and, if they recover, seek to levy upon assets you own, including your business.

Your question is in the foreclosure section, so I assume the bank is foreclosing on your real property, maybe your home, and you are wondering if they can take any of your other "stuff." The bank is limited to whatever collateral is described in the Mortgage (or other documents used to... View More

Yes, you can draft your own motion; you don't have to use a "fill in the blanks" form.

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answered on Jun 15, 2018

If not already, an estate for your mother must be opened up and the bank will need to serve the administrator of the estate to move things along within the courts on the foreclosure case. That should buy you enough time to strategize on how to proceed with retaining the property. I would highly... View More

There is no law a landlord must disclose an active foreclosure as landlord is still the owner, and landlord may settle the case, get it dismissed, or modify your loan well before your lease is up. Thus no disclosure is required. Landlord cannot evict you during an active lease but if you mean the... View More

There is no law a landlord must disclose an active foreclosure as landlord is still the owner, and landlord may settle the case, get it dismissed, or modify your loan well before your lease is up. Thus no disclosure is required. Landlord cannot evict you during an active lease but if you mean the... View More

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answered on Jun 1, 2018

Need more information. What liens and what exactly is resolved with the lender?

It is unclear what you mean by "... she failed to assume mortgage …". Did the divorce decree require her to re-fiancé the mortgage?

But probably not; if you simply pay what is owed without more, she would still have the right to the house. You should ask for a modification... View More

Either the bank, or one of several kinds of assignees would be suing you. When you get sued, the court paperwork that is served on you will identify the plaintiff.

We have seen actions to collect on deficiencies following foreclosure much more frequently than what we traditionally saw at the beginning of the housing collapse. Hopefully you will sell before foreclosure, but if you don't and a foreclosure action is filed, I highly recommend that you... View More

If you are on active duty, it can; or at least delay it.

This is a basic legal question and answer site. If you need to hire an attorney you can use the find a lawyer feature of this site to search for attorneys near the area where you have the foreclosure case.