Foreclosure Questions & Answers by State

Foreclosure Questions & Answers

Q: 3 offers in on a home - now hear none have been put to the bank buy seller's agent. No offers accepted prior.

1 Answer | Asked in Foreclosure, Real Estate Law and Broker Fraud for New Jersey on
Answered on Mar 26, 2017

You really need to speak with an attorney. You have too many moving parts in what appears to be a short sale to get useful advice that would apply to your specific situation from a free advice website. When do you need to close by? What is the bank telling you? Are you scheduled for a sheriff sale?
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Q: Hello I moved in with a friend 5years ago he passed away. I'm still in house can I sell it. Im not on deed.

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Answered on Mar 26, 2017

You need to retain the right type of attorney to have any chance of saving the house from foreclosure. Based on the facts you stated, you cannot sell the house. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You need to retain the best mortgage foreclosure defense and...
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Q: I was working with CDS LAWYERS in Irvine, Ca for a Mortgage modification. now they won't return my calls.

2 Answers | Asked in Foreclosure and Real Estate Law for New Jersey on
Answered on Mar 25, 2017

I am very sorry for the passing of your wife and having to deal with that, on top of being scammed. I have no clue why you would use any firm or company other than a licensed NJ attorney who specializes in Mortgage Foreclosure Defense, Complex Chapter 13 Bankruptcy and loan modification. This past week alone, I successfully resolved 3 cases, where my clients obtained mortgage loan modifications. You need a NJ attorney, who knows what the NJ Judges and lender's law firms are looking for and how...
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Q: I am giving up my condo in a short sale - how do I handle fees still owed to the HOA?

1 Answer | Asked in Foreclosure for Texas on
Answered on Mar 24, 2017

Many times back owed HOA fees are paid out of the closing proceeds even in a foreclosure or short sale. For the bank, this is a better deal than having to go through a foreclosure even with the added fees included. HOA liens are separate from the mortgage holder’s lien.

An HOA does not have to honor the sale agreement but may do so to help along the sale. The HOA does not care about your money because of their lien on the property, you may have to get the cooperation of your lender...
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Q: We are interested in buying a house where a lien that was a part of a default judgement

2 Answers | Asked in Foreclosure for New York on
Answered on Mar 24, 2017

The owners. However, you should be getting title insurance. The title company will tell you how the deed should go. You really should have a lawyer for this, as the issues can be complicated.
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Q: After ahouse has been vacant for 3 years and is in foreclosure. Can the property owner break into said house and rentit

1 Answer | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Mar 23, 2017

If you intend to break your lease, you must normally do so in writing and allow the landlord the opportunity to correct the problem. If it appears you may be losing your residence and have already paid the rent for that month, you may consider filing a claim in small claims court for the money owed. The limit on a small claims action in Oklahoma is at $7,000.00. If your income is limited, you may want to contact Legal Aid or the law school closest to you may have a clinic to assist.
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Q: How can someone sign a Deed of trust from inheritance without having the Quitclaim signed off on

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for Tennessee on
Answered on Mar 23, 2017

Your mother's brother ( your uncle) may have an ownership interest in the land. In other words, while your mom doesn't own anything ( her interest has been foreclosed), he may still have rights in the property. However, time is working against him, he needs to consult a real estate lawyer asap.
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Q: my ex husband defaulted on a heloc loan on my property, nod issued, he is not returning phone calls, I need options plse

1 Answer | Asked in Real Estate Law, Bankruptcy and Foreclosure for California on
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: http://www.nolo.com/legal-encyclopedia/deficiency-judgments-after-foreclosure-california.html. Otherwise, if you lose the home via foreclosure, and you're living there (and he's not), then you may have cause for a negligence suit against him. At least, you may be able to sue him for...
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Q: Nj foreclisure substitution of attorney was done for summary judgnent now they switched attorney back to original is ok

1 Answer | Asked in Foreclosure for New Jersey on
Answered on Mar 19, 2017

It does not matter who the lender's attorney is. What matters is that you have the right type of attorney if you want to save your home. So I strongly urge you to retain counsel Monday. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You need to retain the best mortgage...
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Q: The bank foreclosed on home., There was a second mortgage for a Home Equity Loan. They are still billing me. Is this ok?

1 Answer | Asked in Foreclosure for Florida on
Answered on Mar 17, 2017

Yes, probably. The second mortgage was probably not paid off when the first mortgage was foreclosed. It may be now unsecured, but it is still probably a valid debt.
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Q: my tenants have 7 more months on their lease. Do I have to inform them of an impending foreclosure?

1 Answer | Asked in Foreclosure for Florida on
Answered on Mar 17, 2017

In general, the foreclosure will be subject to your tenants' lease; so the foreclosure should not affect them. They will be given notice of the foreclosure lawsuit. the buyer will notify them where to make the lease payments.
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Q: Foreclosure fraudulent, filed motion for final summary judgement in contested case. Debt not valid.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Contracts for Florida on
Answered on Mar 11, 2017

You raise many statements but no questions.

If you believe the debt is not valid, you need to get an attorney immediately to review the matter and determine if you have any defenses, what they are and then you can determine what you are going to do about it.

It appears from the vague statement you make that there may be a lack of due process at the very least.

See an attorney immediately.
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Q: What can I as a tenant do regarding my landlord's 2 years of delinquent property taxes?

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Landlord - Tenant for Michigan on
Answered on Mar 8, 2017

Understand YOU are not responsible for the back taxes. You ARE responsible to the landlord for rent, but there MAY be options you can take.

I would strongly urge you to consult with a landlord/tenant lawyer and consider the possibility of setting up an escrow account for future rent while your landlord gets his act together. Don't just 'withhold' rent though! You need to do this right in order for the Court (if it ever gets involved) to not hold you responsible. This is an area of law...
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Q: I received summons regarding foreclosure on my home. I am currently in a repayment plan with lender. Should I respond?

1 Answer | Asked in Foreclosure for Ohio on
Answered on Mar 8, 2017

Yes, do not ignore a summons. It's probably a mistake, but if you ignore it, the court will enter judgment against you.
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Q: What can my brother in law do in regards to a foreclosure being put on his credit that he shouldn't be liable for?

1 Answer | Asked in Foreclosure, Bankruptcy, Divorce and Real Estate Law for Tennessee on
Answered on Mar 7, 2017

Not much, really , but everyone has the right to respond to any information on his/her credit report. In other words, he has the right to tell "his side of the story" and have that response on the credit report also. This way, when a lender reads the credit report, at least they will be able to know that it wasn't actually that defaulted on the note ( it was the ex-wife). He should also considered taking legal action against the ex to make her comply with the divorce decree or pay damages or...
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Q: Does our condo association have to pay the attorney fees in our foreclosure action if the owner/ defendant doesn't?

1 Answer | Asked in Foreclosure for Connecticut on
Answered on Mar 7, 2017

Absolutely, 100% Yes. But this should only occur where the attorney ended up getting the condo unit back to the Association for resale. Then attorney fees can be paid out of the proceeds.
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Q: Condo put a lien for assessments. In fact, I live oversees. Can they somehow serve me for foreclosure?

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Answered on Mar 7, 2017

Yes. If you owe unpaid assessments on your condo the HOA can serve you by publication and once done they can proceed with the case against you and foreclose upon the lien. If you are serving in the military you may be eligible to delay the case under the soldiers and sailors civil relief act but the act does not apply to every situation. You probably need to check with the clerk of court where the property is located to see what the status of the lien foreclosure is. These types of cases can...
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Q: Right of previous foreclosed home owner to claim sale money above loan value that was due.

1 Answer | Asked in Foreclosure for California on
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 Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas...
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Q: Can bank sell my mortgage for a discount without my knowledge the report deficiency on credit?

1 Answer | Asked in Banking, Contracts, Consumer Law and Foreclosure for Florida on
Answered on Mar 5, 2017

Your story is not quite clear. You found a buyer, the VP of the bank came to the closing and signed some sort of a release, but you also write that you "never agreed or even knew about this sale." Is that a different sale than the one you arranged?
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Q: How to get an extension of time in District Court Southern California

1 Answer | Asked in Foreclosure for California on
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 that to your filed Application for a Continuance in court. Refer to the local court rules of your court for information re: filing continuances there: each court has specific requirements for doing so, and...
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