Lawyers, Answer Questions  & Get Points Log In
Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for California on
Q: Civil code 2924m What action can an individual take when Ca. civil code 2924m is breached? Who is responsible for

Who is responsible for enforcing CCC 2924m? CA Civil Code

James R. Dickinson
James R. Dickinson
answered on Sep 25, 2022

Speak with a real property lawyer in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: we ne help fast we dont have much time we got a unlawful detianer and they sold our house wrongfull i lived here for 20

we did to know how to fill and appial and sueing the bank

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 24, 2022

I highly advise that you speak to a qualified attorney as soon as possible to preserve your rights.

2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: PA LAW: Can proper service of a valid Act 91 Notice be deemed if it is not sent to the Last Known Address?

35 Pa. Stat. § 1680.403c(a) “Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at this or her last known address the notice provided in subsection”

12 Pa. Code § 31.203(a)(6)(i) "The notice shall be sent to the last known address of all... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 20, 2022

Every Mortgage doc I've ever read deals with "Notices", and every one says that sending a notice to the mortgaged property is sufficient for all purposes.

That said, lots of Mortgages also speak to the borrower's power to change the "notice address". That...
Read more »

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Michigan on
Q: i bought a lot from the county that had been seized for back taxes.

The lot was own by the hoa, not the developer who was out of the picture. Since it was the hoa that lost the property I feel they have no claims to my property that I purchased in good faith. They claim I have to be in their hoa which I want no part of.

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 19, 2022

If the lot is included in the HOA and the HOA properly recorded that fact and the HOA still exists, you're likely 'out of luck'. If you didn't want to be part of a HOA you shouldn't have bought the property. Now, as a MEMBER of the HOA you can probably take steps to... Read more »

1 Answer | Asked in Contracts, Family Law, Foreclosure and Real Estate Law for Missouri on
Q: Does he have any rights to my house? Should I file a lien and how much does that cost?

My house was getting foreclosed on. My dad and brother came together and got me enough money to not lose it. I am in the process now of getting my ex to sign the deed papers to get his name of it so I can make sure he is not entitled to anything nor has any say so. My kids father has not lived... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 16, 2022

There are a lot of moving parts here and a lot at stake. Respectfully, with all the people and assets involved this is not an issue that can be resolved in an online forum. I strongly advise you to seek the advice of an attorney to sort it all out.

1 Answer | Asked in Foreclosure and Civil Rights for Michigan on
Q: Bondsman stole car and didn’t take off balance now house is going to auction for 6490 by September 29 on a zero charge

Inowed 2000 for a 20000 bond that I put. Y house up for the charge was dropped shortly after I bonded out but I owed the 2000 still about a month after I got out w no contact the bondsman came and took my 2008 Jeep Patriot 4x4 he said that he would notify me of the remainder balance after he sold... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Get a lawyer as soon as possible regarding the house auction. There should be a court file number, and documents may indicate a lawyer who represents the bondsman, whom you should contact regarding payment.

As to the car, it's likely as part of the bond contract, you signed over title...
Read more »

1 Answer | Asked in Foreclosure for Texas on
Q: I was left property in my mother's will. I was paying the mortgage 2 years.

Bank and mortgage company were notified of her passing, and were accepting payment from me. Then property was foreclosed and sold with no notification, until after the sale...

John Cucci Jr.
John Cucci Jr.
answered on Sep 10, 2022

If you still have possession of the house/property, you can file in court for an injunction and stop the foreclosure. If you have left, you would have a very hard time getting back possession. Notice is a key part of any foreclosure. This would also be helped if you had the property put through... Read more »

1 Answer | Asked in Estate Planning and Foreclosure for New York on
Q: Need help with getting my name added to a deed

I am the administrator of my father's estate. My stepmother who is predeceased my dad took out a mortgage in her name only several years before she died. My dad never had the mortgage changed to his name neither did he add it to any paperwork he just paid it when it was due. Since his death... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 9, 2022

You are getting bad information. If you are administrator, you are entitled to information. If a foreclosure has not started you have time. However, you will have to reinstate the mortgage by paying all arrears to avoid foreclosure. The bank will not take partial payment. Hire a lawyer to deal... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Foreclosure for Virginia on
Q: What legal actions can my aunt, brother, sister and myself take since we were the heirs to my grandfathers estate in Tx.

We were all served paperwork stating that the property would be auctioned off to pay what's owed and we would receive the difference. A couple weeks after the auction date I contacted the law office in charge of the sale to see how much the property sold for. I was told it didnt go to auction... Read more »

Richard Sternberg
Richard Sternberg
answered on Sep 8, 2022

Wow. You probably did a very stupid thing by not stepping in. In a foreclosure, the secured and foreclosing party will bid as much but not more than what is called the upset price. That is the amount they are owed after fees and expenses. In a very hot market, especially with all the many varieties... Read more »

1 Answer | Asked in Landlord - Tenant and Foreclosure for Virginia on
Q: In Arlington VA I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? I need assistance

In Arlington VA , I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? advice ?

I need REASONABLE professional assistance.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Sep 8, 2022

A former owner of real estate that was sold at a foreclosure auction becomes a tenant at sufferance after delivery of a deed from the substitute trustee. A tenant at sufferance is one who enters into possession of real property lawfully, but remains in possession unlawfully. After title to the... Read more »

1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: I asked a previous question regarding domestic violence and being kicked out of my home. I now live in my grandmothers

Home, that I cared for for years but had to go to a nursing home and she had a reverse mortgage on the home and is now in foreclosure and so I will need to find a place to live or buy the property at forclosure? Is that my only option?

David Kennedy Bifulco
David Kennedy Bifulco
answered on Sep 6, 2022

There are specific rules regarding the purchase/repayment of the reverse mortgage by a family member. If the reason for the foreclosure is that your Grandmother is in a Nursing Home the contract should have provisions that cover this situation. It could be dependent on her status and whether it... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Pennsylvania on
Q: My house is in foreclosure. I have sold my property prior to foreclosure date… I have deposits settlement date is set.

My real estate agent notified my mortgage company.

My mortgage company has listed my home on Zillow for sale after it is under agreement.. is this legal?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 1, 2022

If the mortgage is recorded then any "sale" takes subject to the mortgage which could be foreclosed. Your agent and buyer do not know what they are doing. You as the mortgagor might expedite the sale and get a release of the mortgage prior to foreclosure.

1 Answer | Asked in Foreclosure, Banking and Appeals / Appellate Law for Texas on
Q: I was not aloud to state my case in a hearing last week what recourse options if any are available?

The hearing via Zoom had connection problems and was placed in waiting court claiming prior case running over time and would be called back in upon completion. After waiting 4 hours and several calls to check status and remain waiting 4 hours later I was informed the hearing was over they proceeded... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

If this was a final hearing (trial), you have a limited time within which to file a properly drafted verified motion for new trial and to obtain a written ruling from the court on such motion. There are many technical aspects to such a motion, so you need a competent attorney experienced in... Read more »

1 Answer | Asked in Foreclosure for Tennessee on
Q: Delaying foreclsoure

Sibling in TN is has dementia. Somehow quit paying her Home Loan. She owes ~$20K Balance on Loan, House Value ~$200K. House is set to go to auciton Sept. 20. I got power of attorney, and contacted the Collection Agency. The account is $3,600 in arrears (amount provided by the Debt Collection... Read more »

Mr. John P. Fazzio III Esq.
PREMIUM
Mr. John P. Fazzio III Esq.
answered on Aug 29, 2022

Tennessee law provides a right to reinstate and cure default before sale. You may be hitting a roadblock in that the bank is playing games by not recognizing the Power of Attorney, such that you may need to make a motion and bring the reinstatement before a judge.

"Reinstating"...
Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Washington on
Q: My house sold at for closure auction where can I get free help claiming the surplus funds?

Auction was on aug.5th and I believe sold for 186,000 over what was owed .I am still in the house because without the money I have no cash to move and no where to go

Renee Louise Roman
PREMIUM
Renee Louise Roman
answered on Aug 27, 2022

Obtaining these funds may require the services of an attorney, one who is familiar with the surplus funds procedure, who can assess your situation. This process usually involves notice to lien holders and a hearing, so you may want to start that process as soon as possible. Although I am not aware... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for New Jersey on
Q: I was awarded my home in the divorce. I had 60 days to refinance the balance on the mortgage. My ex was to facilitate

That 60 was extended indefinitely until I could close. He signed that agreement. He now sold home to an investor who has been harassing me to get out. Ex got a Judge to agree to throw me out a 66 year old severely disabled person. no eviction/ejection or any requests to vacate have been properly... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Aug 20, 2022

Due to your financial problems, contact New Jersey Legal Services for an attorney.

3 Answers | Asked in Divorce, Foreclosure and Bankruptcy for Louisiana on
Q: My home is in foreclosure and up for sheriff sale soon. My ex and I recently divorced with no property settlement and

He lives in the home. We are both listed on the deed to the home but I am on the mortgage alone. If he files chapter 13 bankruptcy and includes the home, would this stop the upcoming sale and foreclosure? If Ch. 13 temporarily stops the sale, what are the steps he should then take to keep the... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 19, 2022

When a Ch. 13 case is filed, there is both an immediate automatic stay prohibiting creditors to proceed against the debtor and/or his assets, and importantly, there is also an automatic "co-debtor stay" to prohibit creditor actions against other non-bankrupts who are jointly liable with... Read more »

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Florida on
Q: Florida statue 95.18 question is about the "or" meaning you have a claim if you complete A,B, and

or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession: A, B, & C not having possessed property for 7 years but did A,B, & C. In C it states: Has subsequently paid, subject to s.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 4, 2022

If I understand correctly, you are asking whether the adverse possessor, after complying with the tax requirements of Florida Statute 95.18 (1) (a)-(c), must still continuously possess the "property under a claim of title exclusive of any other right" for 7 years. Yes.

2 Answers | Asked in Real Estate Law, Foreclosure and Tax Law for New Jersey on
Q: Can a town lien in New Jersey add charges after they sold a lien to an investor that certified there were no charges?

Essex County, Township Of Irvington

I owed a lien purchased in December 2016 which certifies that there were no charges before or pending after attached to this lien or property. After paying the taxes for 4 years the city said in 2020 said they "forgot" to add cleaning charges... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Aug 3, 2022

It depends whether or not a Municipal Tax Search was ordered and received and the information contained. Speak to the title company you used to check title before actually purchasing the lien and the insured the transaction.

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: Is there anything I can do

I received a forfeiture notice today my land contract do not have a forfeiture clause does she have to foreclose

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 28, 2022

If you only have a Contract for a Deed, then it is a Lease with Option to Purchase. No Foreclosure is involved, but usually an Eviction proceeding and they keep your paid rent. Hire a competent MI attorney quickly to fight loss of possession, and possibly make a claim in Equity or Breach of... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.