Foreclosure Questions & Answers

Q: If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Answered on Apr 17, 2019
Elaine Shay's answer
According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from the property until the auction unless a receiver or other type of order impacting rent collections had been entered.

Q: my husband has a mortgage in his name only in sc. Am i responsible for the mortgAGE if he defaults on the loan

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Answered on Apr 16, 2019
D. Nathan Davis' answer
The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan.

Of course, in any foreclosure, the lender will first have to sell the property and only if there is money still owing after the real property is sold will the issue of liability for any portion of the debt be established.

You need to...

Q: We are renters of a house in foreclosure. The courts just issued the final judgement with a sale date of August 8.

1 Answer | Asked in Foreclosure for Florida on
Answered on Apr 15, 2019
Terrence H Thorgaard's answer
You have until the foreclosure sale, assuming you keep paying your rent to your landlord (who will remain your landlord until the sale).

Q: Mom is 87 yrs old and is behind on a 112,000 mortgage, can she walk away ?

3 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Answered on Apr 8, 2019
Terrence H Thorgaard's answer
The mortgagee might seek a deficiency judgment against her, although it might not be possible to collect such a judgment.

Q: I was given papers of Exicution if replevlin and order of delivery I'm currently leasing the mobile home. PTAFA????

1 Answer | Asked in Foreclosure and Civil Rights for Oklahoma on
Answered on Apr 8, 2019
Kyle Persaud's answer
Was there actually a foreclosure lawsuit filed?

A foreclosure lawsuit is when there is a mortgage on a home, and the creditor files a suit against the homeowner, arguing that the homeowner has not paid the mortgage, and the creditor seeks to repossess the home.

You are talking about a "replevin" and an "order of delivery." That's different from a foreclosure. A "replevin" lawsuit occurs when someone claims that you have items that belong to him, and files suit against you,...

Q: There's a fake a fake data descent deed conveying land to The Heirs at law my grandmother left me that land in her trust

1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Civil Litigation for Georgia on
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
If what you say is true, you will have to hire a probate lawyer who also knows how to litigate.

Q: I WAS DEFRAUDED IN RENTING A PROPERTY . THE PROPERTY WAS FOUND NOW TO BE IN FORECLOSURE . WHAT CAN I DO . NO MORE MONEY

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Florida on
Answered on Apr 4, 2019
Terrence H Thorgaard's answer
I assume it's a tax foreclosure rather than a mortgage foreclosure. In any event, it depends upon the terms of your lease if you have one. If you still have, pursuant to the terms of the lease (or at-will tenancy), the right to occupy the premises when the foreclosure is complete and the landlord looses title, you could sue the landlord for breach of contract.

Q: What can I do to stop foreclosure on my house involving a scam?

1 Answer | Asked in Foreclosure for Pennsylvania on
Answered on Apr 4, 2019
W. J. Winterstein Jr.'s answer
Depending upon the remaining amount of your mortgage arrearages (missed payments plus late charges and accrued interest), yes, there are alternative ways to stop, or suspend, the "pre closure process".

I assume you have received a letter notice of intent to foreclose, but you don't specify the date of the letter, or whether you were given thirty days to cure the default. The letter should specify the amount of the default.

Most mortgage lenders have "help" departments, and...

Q: Trying to get a emergency stay on my home i lost to foreclosure. I have a 15 year old daughter with Autism and injured

2 Answers | Asked in Foreclosure for New Jersey on
Answered on Mar 29, 2019
Derek John Soltis' answer
Is a sheriff sale scheduled? Did the home already sell and how long ago?

You need to speak to a foreclosure lawyer to go over your options. Waiting for answers online that cannot give you specifics is not going to help if your time is limited.

Q: i was served an unlawful detainer,i filed an answer and i received a form stating:

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Answered on Mar 26, 2019
Manuel Alzamora Juarez's answer
No. That means that your hearing will happen on 4/4/2019. be ready to argue your case on that day. Do not be late. Best of luck.

Q: Hi, I wanted to ask a question about foreclosure.

1 Answer | Asked in Foreclosure for South Carolina on
Answered on Mar 25, 2019
D. Nathan Davis' answer
First, since your check never cleared it would appear that the check was not received. Simply putting a check in the mail is not enough when you are behind this much on your mortgage. You needed to call the lender and make sure that money was received. You also needed to make sure that you sent the correct amount.

You have been served with and Summons and Complaint. You need to answer the complaint within 30 days of when you received the complaint. If you fail to respond, you will...

Q: what kind of attorney would I need if my house & land go up for sell April 1st

2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Answered on Mar 23, 2019
Timothy Denison's answer
A real estate/ mortgage defense attorney.

Q: We are having problems with our mortgage. We applied for Hardship Assistance - liquidation or short sale.

1 Answer | Asked in Bankruptcy and Foreclosure for North Carolina on
Answered on Mar 18, 2019
Timothy Denison's answer
If you can find a lender to refinance. If not, you can put your arrearages in a 24 month repayment plan and probably keep your home.

Q: Can a Timeshare Association rent a unit in foreclosure process? If so does the rental $ go to association or owner?

1 Answer | Asked in Foreclosure for Florida on
Answered on Mar 18, 2019
Michael Hales' answer
In Florida, the answer is yes. Under most association bylaws, the revenue generated from the sale will likely go to the homeowners' association. Let me know if you have any follow up questions.

Q: I don't think my private mortgage lender was licensed in the state of Maryland, how would I find out and what should I o

1 Answer | Asked in Consumer Law and Foreclosure for Maryland on
Answered on Mar 11, 2019
Adam Savett's answer
You can check the registration status of your lender through NMLS (the Nationwide Multistate Licensing System / Nationwide Mortgage Licensing System and Registry). They maintain a consumer oriented website, here:

http://www.nmlsconsumeraccess.org/

Note that not all types of lenders need the same types of licenses.

You may want to contact the Montgomery County Office of Consumer Protection (OCP), as they are the agency responsible for enforcing consumer protection laws in...

Q: Why doesn't the FBI assist with State CIVIL RICO complaints

1 Answer | Asked in Civil Rights, Foreclosure, Real Estate Law and White Collar Crime for Michigan on
Answered on Mar 5, 2019
Brent T. Geers' answer
The FBI is a federal agency tasked with investigating and enforcing federal laws. Under our system of government, states are sovereign and can make, enforce, and investigate their own laws. The FBI has nothing to do with state law enforcement unless something becomes a federal issue.

Q: My husband and I divorced 7 yrs ago. I moved out while he stayed in our house that was near foreclosure.

1 Answer | Asked in Foreclosure for Washington on
Answered on Mar 5, 2019
Greg Freeze's answer
Here is a likely scenario of events. You were served, somehow, with the Summons and Complaint. How you got served can vary. You can find out how the bank's attorneys said you got served by looking at the court paperwork, found at the court in the county where the property resides.

You could have been served in person, by someone serving in person at what was registered as your residence, or if you were extremely difficult to find, by publication in the newspaper.

But, having...

Q: Can a settlement agent who signs a loan application also be the notary and witness on a deed of trust.

3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Securities Law for Maryland on
Answered on Mar 3, 2019
Richard Sternberg's answer
If the notary is applying for the loan, he cannot notarize his own signature. Almost all settlement agents are notaries. And, notaries can of course be a witness. That’s pretty much what a notary is: a witness to the authenticity of a signature. Maryland Law does require deeds and deeds of trust to be prepared under the supervision of a lawyer, but there is a loophole that you could sail a battleship through. If you doubt the enforceability of your deed of trust, you can ask a Maryland lawyer...

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