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Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for Florida on
Q: Once my HOA files and foreclosure can I still pay the past due and fees in full to dismiss the lien and foreclosure?
Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 30, 2020

No, you have to pay the interest, attorneys' fees and costs. These are provided for by Florida law. If you cannot afford to pay in full you should 1) ask the law firm representing the HOA if the HOA will consider a payment plan or 2) consult with a bankruptcy attorney to see if you qualify... Read more »

1 Answer | Asked in Bankruptcy, Estate Planning, Foreclosure and Real Estate Law for California on
Q: Can a joint tenant/owner have a lien put on house (primary residence) if other owner passes away with credit card debt?

California atty. preferred:

My mother and grandmother live in Seal Beach Leisure World.

If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem... Read more »

Timothy Denison
Timothy Denison answered on Sep 28, 2020

It can be place on there While the parties are alive. If the debtor passes first, the creditor must remove the lien or risk blemishing title. If the non debtor dies first, besting title in the living debtor, creditors are free to collect on the debt and the lien is secured.

2 Answers | Asked in Foreclosure for Pennsylvania on
Q: my house is going to forclouser can my 21 year old son that has vever rented a place rent a place a place for us

or do they look at my credit history too .

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 28, 2020

At age twenty-one, by law, your son is fully empowered to enter binding contracts. So under existing law, he , like any other competent adult, empowered to enter into a lease of real estate.

Your question has much more to do with whether any residential landlords will agree to enter into a...
Read more »

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2 Answers | Asked in Civil Litigation, Real Estate Law, Bankruptcy and Foreclosure for California on
Q: Can a joint tenant/owner have a lien put on house (primary residence) if other owner passes away with credit card debt?

My mother and my grandmother live in Seal Beach Leisure World.

If they are both co-owners and residents (joint tenancy) of this property and one of them passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property even though the person passed away... Read more »

David Luther Woodward
David Luther Woodward answered on Sep 27, 2020

You really need a California lawyer to respond to this question, but under traditional common law principals (which may not be so common in California) a lien for debt does not arise until it has been reduced to judgment. Thereafter there is a process, pretty much unique to each state, on the... Read more »

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1 Answer | Asked in Real Estate Law, Foreclosure, Landlord - Tenant and Probate for Texas on
Q: My husband recently passed. I am not on the mortgage for the house. The bank is telling me I have 30 days to move. Help!
Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 26, 2020

Are you on the deed? Have you filed to probate your husband's estate? Federal law prohibits a lender from foreclosing for six months after a court appoints someone to settle the estate.

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: my house is go to be forclosed on and i have two hips that need replaced and can hardly walk .

my son makes enough money to get us a place was wondering if he could do that with my not so good credit history .

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 21, 2020

From the reports I've seen recently, although interest rates are near record lows, the banks and other mortgage funding sources have been tightening credit, raising the minimum credit scores needed to qualify for a mortgage loan.

Probably, from what you say, your credit score is below...
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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Foreclosure for Florida on
Q: Are you an attorney who has won foreclosure cases based on breaches of contract and fraud or know of someone who can .

My attorney has just notified me of his suspension and need to find new counsel. I have filed counterclaims and defenses with exhibits proving the new plaintiff is no a holder in due course. I have TILA violations, FDCPA violations , Breach of contrat including fraud in the inducement ,appriasal... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Sep 20, 2020

Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email mdann@dannlaw.com or intake at Dannlaw.com.

2 Answers | Asked in Foreclosure for California on
Q: It's a month to month oral agreement, the owner has asked me to move, can I ask for $ for my deposit?
Kenneth H Flood
Kenneth H Flood answered on Sep 17, 2020

yes ,you are entitled to a return of your security deposit if home is left in condition it was when you moved in. I hope you have photos to prove it. You are also supposed to get a 30 day notice.

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1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Virginia on
Q: Statute of Limitations on enforcing Virginia deed that was accelerated, and 2 owners dying. 5 years + 2 years?

This is a Virginia reverse mortgage deed of trust that was accelerated when last owner died. Then subsequent owner who inherited died later as well. Due to acceleration, is the 5 or 6 year contract SOL valid, plus adding a year for each death of owner? Finally, does a Lis Pendens stop or affect... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 15, 2020

You should probably read:

§ 8.01-236. Limitation of entry on or action for land.

No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first...
Read more »

3 Answers | Asked in Bankruptcy and Foreclosure for Ohio on
Q: Can you get your home back if you included it in your bankruptcy and it’s going through court for foreclosure?

My circumstances have changed and I regret including my home in my bankruptcy. I didn’t know if there was any way to get an amended agreement, etc.

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Sep 13, 2020

Is the bankruptcy still open or is it closed? Did you receive a discharge or a dismissal? Is it or was it a Chapter 7 or 13? The first thing I would advise is to talk to your bankruptcy attorney if you had one. You need to sit down with your attorney or another attorney who handles bankruptcy so... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: The landlord said I need to find another tenant or I won't receive my security deposit

It's a rooming house in Dayton Ohio and also she has failed to give me a copy of my rental agreement.. After making several request by me and my father the landlord has still failed to give a copy of the written agreement

Tim Akpinar
Tim Akpinar answered on Sep 10, 2020

An Ohio attorney could advise best, but your post remains open for two weeks. You could additionally repost your question in the Landlord-Tenant section. Look for the linked text below the main categories you already posted in that says, "Show More Practice Areas." That opens up more... Read more »

1 Answer | Asked in Civil Litigation and Foreclosure for Colorado on
Q: My COA/HOA roof assessment of $5,163 was paid-in-full. They have violated the contract

Diversified Management and the COA (Colorado Speings), in abuse of power and selective enforcement held my final payment of $2,563 in cashiers check for nearly a year, returned it for "reissue", then immediately turned my paid in full account over to Orten Cavanagh collection. This firm... Read more »

Donald C Eby
Donald C Eby answered on Sep 3, 2020

You'll need to provide proof of the payment to the court, you can ask for attorney fees when you win. I recommend that you contact an attorney that represents homeowners against HOAs to discuss your rights, remedies, and risks in this matter.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: i need help filing default or summary judgement regarding my quiet title complaint- dutchess supreme index 2020-829
Michael David Siegel
Michael David Siegel answered on Sep 3, 2020

There is a big difference between the two. No lawyer is going to give you a tutorial. If you do not know what to do, hire a lawyer.

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2 Answers | Asked in Bankruptcy, Divorce and Foreclosure for Ohio on
Q: How can I find out what my husband has done with his early withdrawn 401k funds

72000dollars

Timothy Denison
Timothy Denison answered on Sep 2, 2020

Take his deposition.

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1 Answer | Asked in Foreclosure, Personal Injury and Real Estate Law for North Dakota on
Q: My home in Philadelphia was foreclosed on in 2010. I was employed with the Prisons then. I suffered a heart attack

I went to numerous court hearings and never got a result. I am a combat Veteran of Desert Storm. My wife and I would like some answers

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

This could be something that a Pennsylvania attorney and/or North Dakota attorney should advise on, but you await a response for two weeks. If there was an attorney representing you in the earlier hearings, contacting them and asking about the status of the file could be a starting point. If you... Read more »

1 Answer | Asked in Foreclosure for Florida on
Q: I have no mortgage on my condo. I owe my HOA 10,000. Notice of sale issued. Will I lose my condo?
Sherri B. Simpson
Sherri B. Simpson answered on Aug 26, 2020

You will if it goes to foreclosure sale. If you can pay off over 5 years you can file a chapter 13 bankruptcy. You really need to speak to an attorney asap.

1 Answer | Asked in Foreclosure for Florida on
Q: Florida-Does foreclosure moratorium allow lender to sell the property and the new owners can file "unlawful detainer"

Certificate of title was (not served but) issued 3/2020, Bank did not do writ of possession and listed house for auction 4/15 (after moratorium executive order). We were never notified until receipt of unlawful detainer 8/19 that the house belongs to new owners. New owner is seeking possession and... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 25, 2020

If the property was auctioned before the executive order was issued in March, there would have been a certificate of sale issued giving you ten (10) days to redeem the property. If you do not redeem the property by paying the judgment, then a certificate of title is issued. The timing of these... Read more »

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: i was served by broward county a Summons/Residential summary procedure pursuant to Florida statute 51.011 for eviction

AS OF MONDAY, AUGUST 17TH THE CITY OF DEERFIELD BEACH WILL NOW BE ACCEPTING RENTAL, MORTGAGE AND UTILITY ASSISTANCE. I THEN WENT TO MY LANDLORD TO SHOW HER THIS NEW DEERFIELD BEACH ASSISTANCE PROGRAM. I THEN REQUESTED A W-9 FORM (DOCUMENT) FROM HER (LANDLORD) WHICH WAS REQUESTED BY DEERFIELD BEACH... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 24, 2020

You do what the summons tells you to do. You answer the allegations of the complaint. Applying for assistance doesnt automatically stop the eviction process.

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1 Answer | Asked in Bankruptcy, Estate Planning, Foreclosure and Tax Law for Arkansas on
Q: My father recently passed unexpectedly. How do i find locate his debt/investments?
Rose Blondin Shea
Rose Blondin Shea answered on Aug 24, 2020

I would keep an eye on any mail that comes in his name. Most likely they will mail him something at some point at which time you can contact them. Also look for any estate plans that he has in his home perhaps in a safe or filing cabinet. If he has an estate plan you can also try to contact the... Read more »

3 Answers | Asked in Bankruptcy and Foreclosure for Pennsylvania on
Q: Can a bank put your dads house after he dies in son's name with out telling them the kids did not open up a estate

They put the house in kids name in 2017 the kids did not know it till they got foreclose notices also bank told 1 of the kids the bought if for a dollar however the kids never gave any money 4 house

Timothy Denison
Timothy Denison answered on Aug 20, 2020

More information is needed, however, the answer is very likely, no.

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