Foreclosure Questions & Answers by State

Foreclosure Questions & Answers

Q: I have a Notice of Excess Funds. Is there a way to extend the deadline?

1 Answer | Asked in Foreclosure and Probate for Texas on
Answered on May 29, 2017

I suggest consulting directly with an attorney on this as a lot more details would need to be known before any good advice can be given. Further, don't take or not take action according to answers you receive on a forum. Forums are good for general information; however, they are not meant to give direct advice and do not create any attorney/client relationship.
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Q: Im facing eviction from foreclosure. My home did not sell to an individual. No papers served, but are attempted.

1 Answer | Asked in Real Estate Law and Foreclosure for Arkansas on
Answered on May 23, 2017

Yes. You need to consult with a lawyer. You may be able to stop the foreclosure as well.
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Q: i bought half sharing from house owner which i'm renting it.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Answered on May 22, 2017

Banks typically must approve short sales. It depends on the terms of your agreement with the owner, and whether you recorded any sale of the home in your name. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: My Grandparents died. Their house sold and there's money to be dispersed but my mother died. How do I claim that?

1 Answer | Asked in Foreclosure, Collections, Landlord - Tenant and Probate for California on
Answered on May 22, 2017

YOU NEED TO FIND OUT IF YOU MOTHER HAD A WILL. IF SHE DID NOT AND YOU ARE THE ONLY SON, THEN YOU HAVE TO GET HER DEATH CERTIFICATE AND ASK THE PROBATE COURT TO APPOINT YOU HER ADMINISTRATOR. THEN, WITH THE COURT LETTERS YOU CONTACT THE BANK OR TITLE HOUSE THAT HAS YOUR MOTHER'S MONEY AND ASK THAT THE FUNDS BE ISSUED TO YOUR MOTHER'S ESTATE FOR DISTRIBUTION. IF THERE ARE SUBSTANTIAL FUNDS, BETTER RETAIN AN ATTORNEY. BEST OF LUCK.
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Q: State has Lein on home! How long do we have to get things out after the occupant passes away

2 Answers | Asked in Family Law, Foreclosure and Probate for Illinois on
Answered on May 20, 2017

Question is unclear.

State has lien. What kind of lien.

How long to get things out after occupant dies. How are you connected to the deceased. Did the deceased own or rent.

Has an estate been opened.
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Q: I have been fighting foreclosure for 3 + years. I recently was defrauded by a friend with my deed! Help.

2 Answers | Asked in Foreclosure, Real Estate Law and Small Claims for Florida on
Answered on May 18, 2017

If you need legal help, you need to contact an attorney in your area and set up a consultation to seek help with your situation.
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Q: If I was to buy out a lien that's passed due how long before I can foreclose on said property

2 Answers | Asked in Contracts and Foreclosure for Florida on
Answered on May 18, 2017

What type of lien? How long has it been filed?

I can't answer without this info.
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Q: What is a nonjudicial foreclosure?

1 Answer | Asked in Foreclosure for Kentucky on
Answered on May 17, 2017

A non Judicial foreclosure is when the court is not involved in the lender recovering the property. In some states a deed of trust is held by a 3rd party and when the property is not paid for the lawyer who holds the title will convey the property to the bank upon default. Kentucky is s judicial foreclosure state but you can transfer the property with a deed in lieu of foreclosure or by a short sale. There are few or no advantages to your credit or a tax reason for doing a deed in lieu or a...
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Q: Regarding a foreclosure in Colorado during 2011, for what period of time thereafter can a bank pursue a claim?

1 Answer | Asked in Real Estate Law and Foreclosure for Colorado on
Answered on May 16, 2017

The statue of limitations for a mortgage is 6 years. Tolling begins on either the date of default with acceleration (all come due) or maturity (last day of the final payment from the original loan documents). In other words, the exact expiration date to seek collections is based on the individual circumstances of the lender-debtor case.
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Q: My commercial building already sold at auction. Trying to get a stay.

3 Answers | Asked in Foreclosure for New York on
Answered on May 16, 2017

I cannot tell if you are a tenant in the commercial building or if you are the owner of the commercial building. If you are a tenant, eviction proceedings must be commenced against you by the purchaser at auction before you may be evicted. If you are the owner, the Referee must sign and it is likely that the signed copy was filed with the court. You may check with the court's website to see if the document was e-filed and properly signed.
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Q: If I defaulted on a line of credit in Dec.2008,and the account was closed by the lender in Dec. 2009, can a company that

2 Answers | Asked in Civil Litigation, Foreclosure and Real Estate Law for Florida on
Answered on May 15, 2017

The answer to your question will depend upon a variety of factors. I cannot venture a guess based upon the limited facts you can give here. I suggest that you consult with a foreclosure defense attorney in your area to get specific advice on this issue as the actions of the lender in the past and the dates of action currently are all very critical to your question of can they foreclose now.
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Q: My husband passed away 7 years ago with a mortgage in his name only that is now in default. Can they take my new home?

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Answered on May 14, 2017

The issue is whether you were liable for the repayment of the money. This is done in most instances by a separate note so that a lender can go after someone, even if the property becomes worthless. Simply inheriting the interest of your deceased spouse does not make you liable for repayment of the debt. Of course, the lender will likely be able to take the property and sell it to pay itself as much as possible.

You need to retain an attorney to protect your interest as you may be...
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Q: I've tried over a year to re-negotiate my mortgage - I give up, should I sue the bank before they foreclose on me?

1 Answer | Asked in Foreclosure for California on
Answered on May 12, 2017

Sue them for what? Have a lawyer determine whether you have any basis for a lawsuit. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: What are my options here - I think I'm about to go into foreclosure on my home.

2 Answers | Asked in Foreclosure for New York on
Answered on May 12, 2017

It depends on the facts. Is there proof of predatory lending or wrongful foreclosure? Can you do a short sale or deed-in-lieu? Can you pay all the money owed on the property now? 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, www.AEesq.com. I practice law in CA, NY,...
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Q: Who all needs to be added on a revocation of power of attorney form?

1 Answer | Asked in Contracts, Estate Planning and Foreclosure for Texas on
Answered on May 9, 2017

Anyone who signs a power of attorney appointing someone as agent must sign the revocation. In addition, they must notify all interested parties (the former agent, any bank or other entity which might be asked to treat the power of attorney as current). Anyone who is not notified is entitled to treat the power of attorney as though it had never been revoked. A revocation should be recorded with the county clerk of every county where real property is located and sent to the former agent and...
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Q: If I sold a home in 1990 and held the mortgage and was on it as a trustee only for the last 3 years and the owners got a

2 Answers | Asked in Contracts, Foreclosure and Real Estate Law for Florida on
Answered on May 6, 2017

Based upon the wording of your question I am not sure how to answer.

If you sold the property and the people paid your mortgage off and there was not another mortgage against the property then you should be clear.
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Q: In order for a house to go into foreclosure does it have to go before a judge?

1 Answer | Asked in Foreclosure for Illinois on
Answered on May 5, 2017

Foreclosure may require more than one court order.

Court orders are signed by judges.
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Q: I am renting a condo and the owner passed away. His mother is the executrix and did not pay the HOA dues.

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Answered on May 5, 2017

The new owner would be responsible to uphold any lease you signed.

See: http://www.aeesq.com/2011/02/18/renter-beware-northern-california-renters-rights-in-the-face-of-real-estate-fraud-and-investment-fraud/

By the way, the term executor is gender neutral. 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...
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Q: I have a couple questions drafting a FAC.

2 Answers | Asked in Foreclosure and Civil Litigation for California on
Answered on May 4, 2017

You may be best off hiring an attorney to do this properly for you, as it sounds like you might be in over your head. If you can't afford a lawyer, spend time at your local law library. 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, www.AEesq.com. I practice law in...
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Q: If I am at risk of being foreclosed on, will I go to court?

1 Answer | Asked in Foreclosure for New Hampshire on
Answered on May 2, 2017

New Hampshire has a "statutory power of sale" that most mortgagees utilize when foreclosing. This is non-judicial process which does not require the mortgagee to go to court for an order or judgment like most states have. However, there is a process whereby the party being foreclosed upon can go to court to seek a restraining order or injunction against the mortgagee to stop or delay the foreclosure but this is a choice the debtor makes if he or she has grounds to request such relief. And, of...
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