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...
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...
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.
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.
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.
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.
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...
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.
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...
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.
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.
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.
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!
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.
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.
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