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Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for California on
Q: can your bank send you out a loan modification package after they sold your house?

I had a loan mod approved bank called me back to remove ex husbands name said i would get updated package never got callwd and emailed dozens of x never told buy 1 person in bank my house was in foreclosure they finally said they found my modification and would fedex it out they did but then i... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 20, 2021

you need a full detailed consultation with an attorney that has experience in mortgage litigation. there are too many facts missing and the attorney would need a timeline and all documents you have.

1 Answer | Asked in Foreclosure for New Jersey on
Q: Are assignments, sales and transfers of Mortgage Notes required to be publicly recorded?

My Mortgage Note has been sold 3 times since my foreclosure and a default judgment was granted to the original Mortgage Note owner. The 3rd assignment/sale has not been publicly recorded. The original bank was granted a Writ of Execution for a Sheriff Sale but they no longer own my Note. The law... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 16, 2021

You need to retain an experienced mortgage foreclosure and bankruptcy attorney to examine the documents and your situation that is not possible here. You are not necessarily out of options.

1 Answer | Asked in Foreclosure for New Jersey on
Q: Are Mortgage Notes that have been sold/assigned required to be accompanied by an allonge to show endorsements?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 16, 2021

There is no such requirement. What is the purpose of your question?

2 Answers | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Florida on
Q: My mom died June 17 I’m staying in her house with her husband and her brother. I have been paying the mortgage on time

Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help

Jane Kim
Jane Kim answered on Dec 15, 2021

You must get a probate attorney and probate the will.

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1 Answer | Asked in Foreclosure for California on
Q: My house was auctioned off due to foreclosure. My name was not on the mortgage? Would I qualify as a eligible bidder?

The mortgage was in my ex brother in law's name. Before he passed away he deeded the house to me. Would I qualify as a eligible bidder or eligible tent buyer?

Yelena Gurevich
Yelena Gurevich answered on Dec 13, 2021

no. if you are on title to the property, you would not be able to bid at auction. the post is a little confusing because you say the "house was auctioned off" which implies it was already foreclosed upon so it's not clear how you would be able to bid on anything at this point.... Read more »

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Grandmother was coerced into signing a deed transfer and wants to correct it. What should she do?
Toshinori Isoai
Toshinori Isoai answered on Dec 12, 2021

More facts need to be presented surrounding the "deed transfer."

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3 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for New Jersey on
Q: A bank that doesn't own my Mortgage Note got a Writ of Execution for a Sheriff Sale. How can I challenge the Writ?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 8, 2021

Mortgages are negotiable instruments that can be freely bought and sold, without your consent. To determine what your options are, you really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney. Choosing a cheap attorney can often lead to expensive mistakes and/or... Read more »

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1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Alabama on
Q: I have an issues with foreclosure…I inherited the land but it has a mortgage from the previous land lord do I have to

Pay it ?Additionally I’m waiting for the title to the land

Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2021

The mortgage note is not your obligation. But the mortgage secures the payment of the note against the land...If unpaid, then foreclosure occurs.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Civil Rights for California on
Q: covid: I pro per-no friend come with but plaintiff+lawyer allowed @hearing: now 2 declarations to my 1= viol of rights?

In a UD action, at a hearing of which I appeared in pro per, my friend came with me, for support, and for me to have a witness, but was denied access by the Bailiff, denying me the chance to verify claims now before the court. b4 entering ct. rm counsel put me in a moral quagmire, weighing my... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2021

You need to discuss all these issues with a lawyer. This question and answer format does not give us the opportunity to review all your evidence, or lack thereof, and then give you clear advice on what you might do.

Furthermore, there is insufficient information about what the result of the...
Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Foreclosure for Utah on
Q: Getting back money from soon to be ex husband he took her checks and put it in a bank account without her name on it

She works a full time job and he took 30000 that she was paid from her job and a settlement and put it in an account with only his name on it, and she is only asking for half but he is telling her he is keeping it all. He won't give her a penny of it. He also cheated for 13 years.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 22, 2021

Contact a family law attorney for help.

1 Answer | Asked in Foreclosure for Ohio on
Q: Mechanics lien was recorded.contractor then filed foreclosure suit after the 2year limit Ohio RC1311.88,suit dismissed?
Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 16, 2021

111.88 is for broker's liens. Mechanic's liens are governed by 1331.16. Those actions have a six year statute of limitations.

2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: I want to sue out Mortgage co for wrongful foreclosure. We were denied a modification in 2019

We appealed at least 3 times and during the last appeal, mortgage co repeatedly told me that they needed more time. Final call to mortgage co to see what was going on they told me we ran out of time because the house sold at auction on that very day. They said they sent a notice which we did not... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 10, 2021

You have two issues: foreclosure and eviction. The foreclosure may well be a lost cause at this point. I'm unsure anyone has a right to a modification. The notice requirement is satisfied when sent by court rule or statute.

Quite frankly, the best use of your time, money, and energy at...
Read more »

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Hi. I just received intent to foreclose notice on Dec 9th from Wells Fargo for the amount of 17191.00. I was in

Forbearance for 18 months of pandemic related job loss. Now I'm about to lose unemployment. I have almost half of the amount of 17000 to put towards that back payments. What should I do. I have crypto investments that just started giving me monthly awards but no 9-5 employment

Leonard R. Boyer
Leonard R. Boyer answered on Nov 8, 2021

If you are a New Jersey resident, then you really need to retain an experienced New Jersey mortgage foreclosure defense and bankruptcy attorney. This requires a high level of expertise. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of... Read more »

2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed chapter 13 it was dismissed so I filed 13 again that was dismissed so I filed chapter 7 it was accepted but home

Still sold is something I can do to get home back

Justin M. Gillman
Justin M. Gillman answered on Nov 8, 2021

This depends greatly on the timing and more specific review of the legal issues involved.

The Chapter 7 Trustee likely chose to "abandon" the trustee's interest in the property due to a lack of equity. When certain documents were filed and a discharge entered, depending...
Read more »

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2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Q: My house was foreclosed upon while I was under bankruptcy protection in 2004, is it too late to sue Ameriquest Mortgage?
Cristina M. Lipan
Cristina M. Lipan answered on Nov 3, 2021

The bank likely received an order from the court lifting the automatic stay to proceed with the foreclosure. This is not uncommon and they can do this for various reasons - no equity, no adequate assurance, you haven't been paying the mortgage post petition... etc. Take a look at your... Read more »

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1 Answer | Asked in Foreclosure for Tennessee on
Q: Once a house is sold in foreclosure, how long do you have to vacate the home?
Anthony M. Avery
Anthony M. Avery answered on Nov 1, 2021

Usually the Deed of Trust says you are month to month tenant owing rent. The new owner will file a Detainer Warrant to recover possession, which will take a month to three months to complete.

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: My grandmother died and owes on her mortgage. Could you tell me the process of me being the successor of the property?

We were living with her when she died but without the deed we can't get water in our name and we can't pay mortgage payments without them giving us the account info

Joseph Jaap
Joseph Jaap answered on Oct 22, 2021

You can check the county real estate records to get a copy of the deed. A family member will have to file her will in the probate court to be appointed executor, or if she had no will, apply to be appointed administrator of her estate, who will then have legal authority to deal with her finances,... Read more »

1 Answer | Asked in Foreclosure for California on
Q: HOA is trying to foreclose on my home and has been avoiding my house because of non payment what are my options

i hadnt paid for sometime based on the fact that HOA was harassing my mother who lived at the property

and refused to take care of the property and would skip her house because of one of the board members

not liking her

Yelena Gurevich
Yelena Gurevich answered on Oct 19, 2021

HOA is within their right to foreclose. The only way to avoid foreclosure is to bring the account current all at once or file a chapter 13 bankruptcy to enter a payment plan to catch up. You will need to have a consultation with an attorney. (Note: withholding HOA payment is not the proper... Read more »

1 Answer | Asked in Foreclosure for New Jersey on
Q: Tax lien owner needs assistance with pursuing a foreclosure on a property that has been abandoned for more than 1 year

municipality refuses to declare property abandonded although it qualifies based on the guidelines under the njsa 55:19-55. property located in mullica township, NJ

Leonard R. Boyer
Leonard R. Boyer answered on Oct 15, 2021

N.J.S.A.  54:5-86(b)  allows public officer  or tax  collector  to  sign  certification  waiving two year  waiting  period  for  third party lienholder to foreclose  and gets abandoned property  foreclosed  faster and returned  to  tax rolls. Tax lien foreclosure has strict rules... Read more »

1 Answer | Asked in Foreclosure for California on
Q: I’m in CA. We’re 8 yrs behind on a 15-yr 2nd Mortgage taken out in 2004. Can they still foreclose if S.O.L is 4 yrs?

We’re trying to avoid foreclosure (auction in >1 week) on our 1st mortgage (30 yr, taken out in 2002, and 40+ months behind on payments). My bk hearing is coming up in a few days for a Chapter 13 BK, and the repayment plan is huge. I was hoping to strip off my husband’s second mortgage... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 11, 2021

Yes they can still foreclose. There is no such statute of limitations on secured debt. Talk to your chapter 13 attorney as to your options. If you cannot remove the lien in the chapter 13, you may have to pay to keep the home, or you may have to consider selling the house.

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