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Foreclosure Questions & Answers

1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on

Q: Can a homeowner still sell the home that is in foreclosure and pay off the loan to the bank before the bank sells ?

The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... Read more »

Richard Sternberg answered on Aug 22, 2019

You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Foreclosure for Ohio on

Q: I lived with my fiance for 12 yrs. and he passed away on May 31. His house is in mortgage and they want their money.

I am not able to pay the mortgage due to waiting for opers benefits and for his family's attorney to get everything put into my name. i need to know what i can do before our house is taken from us. Was planning on paying off mortgage once i received his opers benefits.

Taylor P Waters answered on Aug 22, 2019

That depends, there are a few ways to delay foreclosure and hold the bank off depending on where you are in the process. It would be difficult to answer without more information.

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1 Answer | Asked in Foreclosure for New York on

Q: I have now been named and served as a defendant in the foreclosure of my mother's house, as she passed...

I received the summons yesterday (my husband answered the process server for me). I am not on the deed nor note for this house, and do not plan to contest the foreclosure, however, I want to remain in the loop about the proceedings. I also, do not want to hand my rights over to the bank's attorney... Read more »

Michael David Siegel answered on Aug 21, 2019

There is a special notice of appearance for foreclosures. I charge $500 to file it and monitor the case. It gives you notice of all proceedings, and any surplus issues. You do not owe anything. You are being named as an heir, I assume. The papers will say.

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for California on

Q: The home ive lived in for 40 yrs. is in short sale. what rights do i have if i still live there?

my dad died and my sister was named executer to his estate . We found he was behind on his mortgage and the house was going into foreclosure. my sister got a probate lawyer and hot the house approved for short sale. An auction date has been pushed back to september . i got served with a 60 eviction... Read more »

Nina Whitehurst answered on Aug 19, 2019

It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you out... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Banking on

Q: What if the lis pendens the servicer merged and changed names shouldn't a new lis pendens be filed with the new ?

If a lis pendens was filed in the county records in 2017 and we filed for bankruptcy to save the homel and while through bankruptcy the servicer whoever they are now refused to take our pre petition and post petition payments and thus we couldn't get to a modification agreement with this company... Read more »

Timothy Denison answered on Aug 16, 2019

The lid prndens recording does not have to be changed upon transfer between companies. It is simply there to put the world on notice as to potential litigation involving that property.

1 Answer | Asked in Foreclosure for Florida on

Q: Can the bank require more than the amount awarded in a foreclosure final judgement to pay off the property?

Our home was recently foreclosed in Orange County, Florida. The court has postponed the auction because we are about to close on the sale of the property to settle the debt. The bank submitted a payoff statement to the title company that is $20k higher than the final judgement award. Isn't the... Read more »

Terrence H Thorgaard answered on Aug 16, 2019

Yes, the judgment amount (including interest accruing from the judgment date) should be the payoff. Check with the law firm that did the foreclosure for an explanation of the discrepancy.

1 Answer | Asked in Foreclosure for Tennessee on

Q: Can they not give us the 3 weeks to get our stuff legally since the house is now theirs

The house I lived in has been foreclosed on and now sold ,the attorney requested 3 weeks for us to get our stuff and the new owner said yes now they are talking about we can’t stay there in order to get our stuff and shortening the time

Anthony M. Avery answered on Aug 8, 2019

You need to leave as soon as possible. But the owner cannot obtain possession without a Detainer Warrant. It must be filed, served or posted, then a Judgment For Possession goes down in Court. If you are not out in 10 days, then the Owner gets the Sheriff to physically remove you with a Writ of... Read more »

1 Answer | Asked in Foreclosure for Illinois on

Q: Can I get an extention of time to file amended pleadings if I hire an attorney?

I recently realized that I qualify for pro bono assistance in my foreclosure case in dupage county, il. My amended pleadings were due a few days ago, and I have court in a couple of days. I recently found out that I qualify for pro bono assistance due to low income. Can I request an extention based... Read more »

Robert J. Walinski answered on Aug 5, 2019

Nothing is ever guaranteed but generally courts bend over backwards to give foreclosure defendants every opportunity to present a defense. Especially if the defendant is pro-se. So the answer is very probably you can get an extension of time to plead.

1 Answer | Asked in Foreclosure for Pennsylvania on

Q: Home is in foreclosure and just received a refund check for cancelled home owners insurance policy. Can I cash this?

Sheriff sale to be held in October, but lender is entering into a short sale agreement in the next 3 weeks.

W. J. Winterstein Jr. answered on Jul 31, 2019

Risk of loss follows title to the real estate. You do not say whether the foreclosure sale has been held, or whether the sheriff's deed has been issued to the successful bidder. Nor do you say who caused the cancellation of the home owners insurance. But, "can" you cash the refund check? Yes.... Read more »

1 Answer | Asked in Real Estate Law, Foreclosure and Civil Litigation for Florida on

Q: I have filed a request for surplus funds from the sale of my fraudulently foreclosed upon property. MUST this be....

NOTARIZED, even tho’ I am well known? I have filed a timely request in the court, but I was not informed of this by the deputy clerk. The court evidentiary hearing date was changed from July 31 to this Monday, July 29, 10:30 am, just yesterday, Friday, at 5:03 with just a phone call. The case is... Read more »

Stephen K. Hachey answered on Jul 27, 2019

Yes, any affidavit for a mortgage surplus must be notarized. UPS stores charge $10 to notarize a document.

1 Answer | Asked in Foreclosure and Probate for New York on

Q: I need help getting the deed of my late father's house into my name. I cannot afford a lawyer. Please help.

I cannot afford a lawyer, I want to Kno if any lawyers do any pro bono cases. For my children's sake, I need to get the deed transferred to my name, for the mortgage company, so I have a chance at saving the house, so we don't become homeless. If someone is willing to help me, I can work out a... Read more »

Michael David Siegel answered on Jul 26, 2019

I am not sure you need to do what you think you need to do. It depends on the equity, if any, in the house.

1 Answer | Asked in Foreclosure for New Jersey on

Q: Without my knowledge my mortgage amount went up. I am behind 2 months. They returned check and claim I'm in foreclosure

Due to a hardship years ago I fell behind my mortgage by 2 months. It remained that way for years. My town taxes went up by $47 Without my knowledge. Which caused my payment to go up. I didn't know it and sent in the normal payment which 2 weeks later was returned to me as a non full payment and a... Read more »

Leonard R. Boyer answered on Jul 25, 2019

Thank you for your service to our nation. In order to determine exactly what your situation is, an in person consultation and document review is essential. Do not waste your money with any non-attorney or forensic loan audit, they are both just different forms of con-artists. You will need to... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for New York on

Q: can a foreclosure sale be set aside if there is no proof of publication and proof of notice of sale in nyc ?

I am a title reader in NYC, a deed went on 2017 out of a referee to an LLC. The lender foreclosed on the estate of the owner and the action shows no proof of publication and no proof of notice of sale. The LLC is now trying to sell the property. I believe the action can be set aside but want an... Read more »

Derek John Soltis answered on Jul 24, 2019

Normally the proof of publication is filed with the case. If you give an attorney the case number it is fairly easy to find if the case was filed after 2011 otherwise it would need to be pulled from the courthouse itself.

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1 Answer | Asked in Foreclosure for New York on

Q: My mortgage company is currently going through bankruptcy. Am I still responsible for making payments?

My mortgage company is going through bankruptcy but threatening me with foreclosure on my home due to failed payments. How can they come after me when they themselves aren’t in good financial satisfactory.

Michael David Siegel answered on Jul 23, 2019

You owe them. They do not owe you. Your loan is an asset for their creditors. You need to pay.

1 Answer | Asked in Foreclosure for New Jersey on

Q: 4 rentals and a primary residence in NJ were included in my bankruptcy in 2015. Foreclosure info is located where?

I'm trying to get a new mortgage, and the Florida mortgage company where I now live is asking me this information and wanting documentation. I don't know where to look to find it.

Derek John Soltis answered on Jul 23, 2019

If you had an attorney they can pull your file for you. If you didn't have an attorney you can either go to the court to get a copy or reach out to a bankruptcy attorney and they can pull your filing. It costs $0.10 a page for an attorney to download documents from Pacer.

2 Answers | Asked in Foreclosure, Real Estate Law, Arbitration / Mediation Law and Banking for Texas on

Q: If someone passes away with a mortgage can their children just give the house back to the bank and walk away?

The bank is saying the family has to keep paying the mortgage until the house is sold. She had cancer and there is no life insurance or money left in her account. They are also saying we are responsible for selling the house

Samuel B. Edwards answered on Jul 20, 2019

Generally, yes, you can turn the house back over to the bank. The bank would typically have you sign a deed in lieu of foreclosure form. However, that is often not the best option. There are investors who specialize in buying properties "subject to" an existing mortgage and they will take over... Read more »

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Q: Can a Home Owner's Association auction off a home without informing the owner who still has an up to date mortgage?

The owner says someone purchased his home at an auction. The person now has a foreclosure on credit report despite the fact the mortgage is current. What recourse does the individual have?

Gary Kollin answered on Jul 20, 2019


Not true. Was it a tax deed and not THE HOA?

1 Answer | Asked in Consumer Law, Bankruptcy, Foreclosure and Real Estate Law for Washington on

Q: How could misapplied mortgage payments found after an agreed tpp be rectified on borrowers behalf?

I found a payment that was applied to principal curtailment that in turn caused late fees and missed payments. Other fees down the road could the error change the outcome of where i am now?

Timothy Denison answered on Jul 18, 2019

Yes. Dispute it on your credit report and with the lender. You should get on this ASAP bc it can materially affect your credit rating.

1 Answer | Asked in Foreclosure for New Jersey on

Q: sold l land in Atlantic City, NJ.I held a mortgage for $10k Buyer Stopped paying.What is the cost to foreclose

The land that I sold is located in Atlantic City, NJ. I live in Randolph NJ

Leonard R. Boyer answered on Jul 16, 2019

There is not standard cost for a foreclosure. Each case and the time that is consumed varies. What also matters is the value of the underlying property. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a... Read more »

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