Get free answers to your Foreclosure legal questions from lawyers in your area.
Your current state is Ohio
My house has been in short sale for almost five months, and today is the last day. The bank did not accept any offers from buyers because they were considered too low. My agent suggested applying for a deed in lieu of foreclosure. As a homeowner, what is the best option for me? If the house goes to... View More 
answered on Apr 10, 2025
Typically, a deed in lieu of foreclosure is preferable because you are in greater control of the outcome. Issues that will need to be addressed are the waiver of any deficiency by the lender, the tax implications of a deed in lieu of foreclosure versus a foreclosure, the date you have to vacate,... View More
I am in Hawaii, and a "debt buyer" is attempting to foreclose on my property over a second mortgage. This mortgage was part of a promissory note that was discharged in bankruptcy over five years ago. At that time, my first mortgage was modified to defer past due amounts, while the second... View More
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answered on Mar 31, 2025
If the debt, apparently a note, was actually discharged in BR, then there is nothing for the mortgage instrument to secure payment of and is void. Check out the BR carefully to make sure the debt was properly listed and discharged. The collection may be in violation of BR law. A possible... View More
I lived with a man for seven years, who initially included me in his will to inherit his property. However, he later changed the will to leave the property to his son. After the man passed away, the son failed to make payments, and the property went into foreclosure. It was sold on March 19. I was... View More
answered on Mar 29, 2025
If you wish to avoid a damaging judgment it would be wise to vacate before a lawsuit is filed. Otherwise, you’ll likely be sued for unlawful detainer, have a judgment for double rent imposed, and 10 days after entry of judgment the plaintiff will apply for a writ of execution for the sheriff to... View More
My brother and I have lived in our deceased parents' home in California since 2011. My mother passed in 2008, and my father in 2014. We made the mortgage payments until November 2024, and I have proof of these payments, even though the mortgage account is still under our parents' names.... View More
answered on Mar 31, 2025
If the deed to your sister in 2010 was a joint tenancy with right of survivorship deed, then she now owns the property and can sell it. If the deed was an outright transfer to your sister, she owns the property and can sell it. If the deed only transferred a partial interest to your sister as a... View More
I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More
answered on Mar 26, 2025
There is no such thing as a relocation fund for you. When the house is sold, the new owner will be entitled to a writ of possession (no eviction notice needed); the sheriff will serve it and you will be escorted off the property (and not be allowed to return unless you strike a deal with the new... View More
I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More
answered on Mar 26, 2025
The assistance you are looking for is commonly known as cash for keys. There is no guarantee that you will receive it. However, your tenancy is protected under the Protecting Tenants At Foreclosure Act. If you have a written lease, it will be able to stay until the end of the lease term if you... View More
I have clients whose house has been in foreclosure since 2008. The foreclosure was dismissed twice in supreme court based on the statute of limitations under the FAPA law, and the bank appealed the decision. We're awaiting the appellate court decision, which could take up to 2 years. The loan... View More
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answered on Mar 20, 2025
I would not make any recommendation to a client without first knowing all of the facts, which usually requires a review of the court documents in the case, as well as speaking to the clients.
But, in order decide whether to accept a settlement offer, rather than waiting for a decision on a... View More
I am in the process of filing paperwork to become the executor of my husband's estate after his recent passing. I have recently received paperwork indicating that I am in danger of losing my home due to foreclosure, and I need to respond urgently. The house is the only asset involved in the... View More
answered on Mar 18, 2025
If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may... View More
I filed for Chapter 13 bankruptcy in Delaware four months ago, and my lawyer said I could keep my house. A previous sheriff sale was canceled due to the bankruptcy filing, and I resumed monthly mortgage payments to Carrington Mortgage Company, despite being seven months behind initially. Today, I... View More
answered on Mar 15, 2025
When you filed for bankruptcy relief (assuming this was your first bankruptcy filing), an automatic stay was enter, BY ORDER OF THE BANKRUPTCY COURT WHERE YOU FILED, prohibiting any creditor/claimant from taking or continuing all actions against you and/or your property. Only the bankruptcy court... View More
I filed a stay on a writ of possession in a foreclosure case yesterday, and today I checked the portal, which indicates my foreclosure case has been reopened. I have not received direct confirmation that the stay has been granted. I filed the stay based on the violation of the maxim of commercial... View More
answered on Mar 12, 2025
If this was an eviction rather than a foreclosure, No. It just means the file was reopened. It is possible the request may be denied by a Judge without a hearing if there was no sufficient basis alleged. The Judge may schedule an emergency hearing if you did not request a hearing and pay the... View More
I received a notice from a tax lien holder's lawyer with a 30-day deadline to redeem a tax certificate or face foreclosure. I redeemed the certificate at the tax collector's office within 24 days and received a receipt, but this was after the 2-year redemption period had ended. However,... View More
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answered on Mar 9, 2025
Unless you have a consultation with an experienced mortgage foreclosure defense attorney, it is impossible to know if you are correctly stating what the legal pleading you received actually is. If the two year redemption period has ended then it was too late to redeem the tax lien certificate.... View More
In a foreclosure case in New York, where a judgment has been entered and a sale date set, I am filing a motion to show cause due to arguments of fraud and deception by the plaintiff. The case has already been litigated. Will this motion go to the judge currently presiding over the foreclosure case,... View More
answered on Mar 8, 2025
Under the circumstances, you really should be hiring an attorney to represent and counsel you regarding legal strategy.
First, the legal process you're referring to is called an "Order Show Cause," not a "Motion to Show Cause". If you file this legal process as a... View More
I am considering bidding on a second chance foreclosure property in Pennsylvania. The auction offers the property with a Special Warranty Deed (Quitclaim) and mentions no warranties. The property has a first and second mortgage, and the total outstanding amount for both is $198,000. If the winning... View More
answered on Feb 24, 2025
When finished (judicial Order confirming sale), a judicial foreclosure removes all liens, and Sheriff pays on taxea, poundage and liens per PA priority.
All liens foreclosed are removed from property and successful bidder gets Sheriff's feed (a quitclaim deed).
If a... View More
My mother passed away, and her will appoints me as her Attorney In Fact to sell or distribute her goods. She may be upside down on her mortgage, and I am not on the mortgage. Her will does not specify what to do with the house. I contacted her mortgage lender, and they requested her death... View More
answered on Feb 24, 2025
The answer depends on a few factors, but first, a point of clarification. If you hold power of attorney for your mother, you no longer have the authority to act on her behalf after her death under that document. If she had a will, the executor named in the will is the person with authority to act... View More
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answered on Feb 4, 2025
Typically, lenders postpone sales, often repeatedly, while someone in in bankruptcy. That way, if the case is dismissed, or if the Court grants them relief from stay to proceed with the foreclosure, they don't have to start the process over again. The best way to prevent the lender from taking... View More
The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?
answered on Feb 2, 2025
More information is needed to properly answer your question. One thing to note is that all debts and taxes must be paid before real estate may be distributed to the beneficiary (assuming the real estate was solely in the deceased person’s name.) So, if someone passed away and left only $10,000 in... View More
The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?
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answered on Feb 2, 2025
As long as you keep making the payments on time the lender cannot foreclose or call the loan due. You also are not obligated to assume the loan. This is federal law that applies if you are a family member of the deceased. If you were not related to the deceased then you might consider selling the... View More
answered on Jan 29, 2025
Yes, you can file an application for writ of habeas corpus to secure your release from jail. Whatever court put you in jail for non-payment of your HOA fees clearly abused its discretion in violation of the Texas Constitution. A court can jail you for disobeying court orders like orders... View More
My girlfriend had her house sold due to a wrongful foreclosure and we don't have money for legal help so we're trying to do this on our own
answered on Jan 27, 2025
Prepare and file a verified motion for continuance setting forth the reason why you need a continuance. There are specific rules dealing the absence of a witness which require certain information. Be as specific and detailed as possible. For example, when I moved for continuances due to... View More
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
answered on Feb 19, 2025
I’m very sorry to hear about your situation—it sounds incredibly difficult. Based on what you’ve described, there could be a few legal considerations regarding liability for your belongings.
Ownership & Access Rights
Since you are still a 1/4 owner of the property under... View More
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