Foreclosure Questions & Answers by State
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Foreclosure Questions & Answers
Q: My home in Missouri was foreclosed on in 2013. I had a 1st & 2nd on it. Can the 2nd sue me in 2019 in Tennessee?
1 Answer
| Asked
in
Consumer Law, Foreclosure and Collections
for
Tennessee
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Anthony Marvin Avery's answer
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Q: My father recently purchased a single-Family home at auction. What is the best way for me to get a loan for 60% equity?
Thomas C. Valkenet's answer
The answer depends on who is asking. For instance, the best thing for your father is for you to obtain a loan and to pay him the full purchase price in exchange for a deed. He then walks away and you live in the house. The best thing for you might be an option to purchase, or a rent-to-own. These are tricky documents to write, and it means your father is waiting for his money while the property is locked up in your recorded option for possibly years. Whatever lawyer you bring this to will have...
The answer depends on who is asking. For instance, the best thing for your father is for you to obtain a loan and to pay him the full purchase price in exchange for a deed. He then walks away and you live in the house. The best thing for you might be an option to purchase, or a rent-to-own. These are tricky documents to write, and it means your father is waiting for his money while the property is locked up in your recorded option for possibly years. Whatever lawyer you bring this to will have...
Q: we are currently in foreclosure, but have not heard from the atty representing the bank for several weeks. Can we sell ?
Christopher Tolley's answer
The attorney general and banking commissioner both have foreclosure units. You should contact them and legal services. If you are willing to sell the house, you may be able to work something out with the bank's attorney to get time to do so.
The attorney general and banking commissioner both have foreclosure units. You should contact them and legal services. If you are willing to sell the house, you may be able to work something out with the bank's attorney to get time to do so.
Q: My brother just died & I'm his only family his never been married & no kids we thought . He has no will.ill continue Q
3 Answers
| Asked
in
Estate Planning, Foreclosure and Probate
for
California
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Gerald Barry Dorfman's answer
Sorry for your loss. If she really is his only child, she would inherit everything in his estate. If you or someone else are named as beneficiary on the accounts or 401K, those go to the named beneficiary.
Sorry for your loss. If she really is his only child, she would inherit everything in his estate. If you or someone else are named as beneficiary on the accounts or 401K, those go to the named beneficiary.
Q: What happens to the back taxes after the foreclosure claim is dropped
2 Answers
| Asked
in
Foreclosure, Real Estate Law and Tax Law
for
New York
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Michael David Siegel's answer
You owe it, or there will be a tax foreclosure. The bank might pay it, but if they have not yet, the bank is not likely to do so in the future. The tax foreclosure goes like a regular foreclosure.
You owe it, or there will be a tax foreclosure. The bank might pay it, but if they have not yet, the bank is not likely to do so in the future. The tax foreclosure goes like a regular foreclosure.
Q: Parents defaulted on mortgage in TN. Bank now wants to sue them for different of short-sale, they have no money to give.
Anthony Marvin Avery's answer
You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should start protecting their assets now, and possibly hire a competent attorney to advise them about collection methods and exemption rights.
You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should start protecting their assets now, and possibly hire a competent attorney to advise them about collection methods and exemption rights.
Q: Can you seek leniency from the court to avoid extreme hardship
4 Answers
| Asked
in
Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant
for
New York
on
Answered on Feb 3, 2019
Answered on Feb 3, 2019
Jonathan David Warner's answer
No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.
For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you...
No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.
For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you...
Q: If i never received the notice for the 120 hearing from the public trustee can I file for dissmisal?
Timothy Denison's answer
I’m not sure what you’re asking bc if you filed the petition, it was incumbent upon you to provide your correct address in the petition. You should not rely on a creditor to provide anything on your behalf.
I’m not sure what you’re asking bc if you filed the petition, it was incumbent upon you to provide your correct address in the petition. You should not rely on a creditor to provide anything on your behalf.
Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps
3 Answers
| Asked
in
Divorce, Foreclosure, Real Estate Law and Collections
for
New York
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Michael David Siegel's answer
The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.
The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.
Q: Can the property owner of my house give me a same day eviction by text message?
1 Answer
| Asked
in
Consumer Law, Foreclosure, Real Estate Law and Landlord - Tenant
for
Missouri
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Jennifer Sheila Kornblum's answer
Your rental agreement should protect you - particularly if it is i writing. And more than one days' notice is required for any eviction.
Your rental agreement should protect you - particularly if it is i writing. And more than one days' notice is required for any eviction.
Q: I have been renting a property for 9 years. And not it is in foreclosure.
W. J. Winterstein Jr.'s answer
To answer your questions, I'd need to see what has been filed by your landlord in his Chapter 11 case, including what orders have been entered authorizing him to utilize his lenders' cash collateral (the rent you pay would most probably be part of that cash collateral). In addition, we'd need to know what kind of "trustee" sent you the August letter, and by what authority that trustee is acting.
I have to assume that your intent to purchase your residence next month at the Courthouse...
To answer your questions, I'd need to see what has been filed by your landlord in his Chapter 11 case, including what orders have been entered authorizing him to utilize his lenders' cash collateral (the rent you pay would most probably be part of that cash collateral). In addition, we'd need to know what kind of "trustee" sent you the August letter, and by what authority that trustee is acting.
I have to assume that your intent to purchase your residence next month at the Courthouse...
Q: Is it possible to view online foreclosure records in Florida? Which county? Looking to view the entire case file
Terrence H Thorgaard's answer
Yes, check the website for the clerk of court in the pertinent county. Look for court records. Foreclosures in Florida are judicial; (as opposed to non-judicial in some states) there would be a court case for each.
Yes, check the website for the clerk of court in the pertinent county. Look for court records. Foreclosures in Florida are judicial; (as opposed to non-judicial in some states) there would be a court case for each.
Q: Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports
for
Alabama
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Kevin M Ryan's answer
Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the property. You should not move forward on this type of transaction without any attorney.
Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the property. You should not move forward on this type of transaction without any attorney.
Q: How to get help for foreclosure do to back taxes . I'm trying to get relief writTen Statues Section 49-31d to 49-31i
Linda Simmons Campbell's answer
Go to the Connecticut Judicial Branch website. Under the Public tab you will see forms. Do a search for the forms that you need. If you cannot find the form you need you can try calling the courthouse. Some of the Court Clerks are more helpful than others. Try calling them and see if they can offer you any assistance. If you cannot afford to hire someone you can also try going to 211ct.org and see if there are any agencies that can offer you low cost/free services.
Go to the Connecticut Judicial Branch website. Under the Public tab you will see forms. Do a search for the forms that you need. If you cannot find the form you need you can try calling the courthouse. Some of the Court Clerks are more helpful than others. Try calling them and see if they can offer you any assistance. If you cannot afford to hire someone you can also try going to 211ct.org and see if there are any agencies that can offer you low cost/free services.
Q: Is anyone familiar or heard of Mortgage Edge Corporation. They're listed on Deed of Trust as beneficiary.
1 Answer
| Asked
in
Consumer Law, Foreclosure, Real Estate Law and Civil Rights
for
Maryland
on
Answered on Jan 11, 2019
Answered on Jan 11, 2019
Cedulie Renee Laumann's answer
The beneficiary under a Deed of Trust IS the lender.
Although this online forum is not designed to seek legal research on specific issues / entities / matters, you can check with the State Department of Assessments and Taxation (SDAT) for information on the last known resident agent for corporations operating in this state.
While not legal advice, I hope the above general information helps!
The beneficiary under a Deed of Trust IS the lender.
Although this online forum is not designed to seek legal research on specific issues / entities / matters, you can check with the State Department of Assessments and Taxation (SDAT) for information on the last known resident agent for corporations operating in this state.
While not legal advice, I hope the above general information helps!
Q: I have a judgment against home owners from 2011. bank moved to foreclose in 2014. I was not named. what now?
Leonard R. Boyer's answer
In order to provide you with a meaningful answer and help you, you need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney. These type of consultations are free and the only way to for you to find out exactly what your rights are. You should not delay and call an attorney today. Good luck.
In order to provide you with a meaningful answer and help you, you need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney. These type of consultations are free and the only way to for you to find out exactly what your rights are. You should not delay and call an attorney today. Good luck.
Q: Attorney on file request to be withdrawn from case
Terrence H Thorgaard's answer
You no longer have an attorney representing you in the case; you are representing yourself (It's called "pro se"). Get another attorney.
You no longer have an attorney representing you in the case; you are representing yourself (It's called "pro se"). Get another attorney.
Q: I am a trustee on a property that's in pre foreclosure. I would like to buy the home. Trust doc says we can buy and sell
2 Answers
| Asked
in
Real Estate Law, Foreclosure and Estate Planning
for
Maryland
on
Answered on Dec 28, 2018
Answered on Dec 28, 2018
Richard Sternberg's answer
Your facts are dripping in self-dealing and breach of fiduciary duties, and the claim that one trustee stole funds while the other stole the property are just oozing from your question. The notion that trust instructions give you the power to buy and sell does not mean that you can buy and sell to your own account. You *desperately* need to review the facts privately with a lawyer, and you are flat out nuts if you provide any more facts on an open web forum.
Your facts are dripping in self-dealing and breach of fiduciary duties, and the claim that one trustee stole funds while the other stole the property are just oozing from your question. The notion that trust instructions give you the power to buy and sell does not mean that you can buy and sell to your own account. You *desperately* need to review the facts privately with a lawyer, and you are flat out nuts if you provide any more facts on an open web forum.
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