Foreclosure Questions & Answers

Q: The home I've been renting is gonna sell in a sheriff sale . Should I continue to pay the rent? Or should I just move

2 Answers | Asked in Foreclosure and Landlord - Tenant for New Jersey on
Answered on Jan 18, 2018

Your lease protects you. The buyer of the foreclosure sale will have to honor it. He would even be on the hook for your security deposit. Once your lease expires you would then become a month-to-month tenant of the new landlord. At this point, the new owner may request a rent increase. It is also possible that no one buys the house at the auction and the bank becomes the owner of the house. And they become your new landlord. You have a lot of options at this point.
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Q: Grandfather bought us a home before he passed as part of our inheritance now stepgrandma is trying to forclose can she ?

1 Answer | Asked in Foreclosure and Probate for California on
Answered on Jan 17, 2018

Dear North Hollywood:

This is a bit more complex than this simple forum is designed to resolve, and I recommend that you contact an attorney right away. But, here are a couple of items to get you ahead of the game and make your discussion with a lawyer more productive.

1) Your grandmother claims that there is no trust, but your grandfather told you there was. It is possible that there is no trust, or that your grandmother is hiding the trust. One way you can see if there was a...
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Q: I filed Chapter 7 bankruptcy in NJ and was discharged 08/2010. I included my mortgage (surrendered it).

2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Jan 16, 2018

You need to retain an experienced NJ mortgage foreclosure defense attorney to handle this matter for you. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
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Q: Husband cheated has left us for the gf. He doesn’t stay over night. He babysit the kids while I go to work on weekends.

1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Michigan on
Answered on Jan 16, 2018

You can only assert your rights through court order. Go to family court and see if they can help. You probably want to file for divorce and custody.

Information provided for informational purposes only and should not be taken as legal advice.
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Q: What does it mean when a Plaintiff uses a Notice of Action, Constructive Service Property? in response to Defendants -->

1 Answer | Asked in Foreclosure for Florida on
Answered on Jan 12, 2018

Perhaps it is simply coincidental that they filed the proof of service shortly after you filed your motion for extension of time. Or, perhaps, they are trying to indicate that you have waived service of process when you filed your paperwork in the case. It's hard to say without reviewing the filed documents.
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Q: My condo was foreclosed in January of 2017 but I am still listed as the owner on county tax records?

1 Answer | Asked in Foreclosure for New York on
Answered on Jan 11, 2018

You do not need to pay. Property tax is against the property, not the person.
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Q: Hi, I bought a condominium apartment after my husband passed in Afghanistan.

2 Answers | Asked in Foreclosure, Civil Litigation, Military Law and Small Claims for Florida on
Answered on Jan 10, 2018

First step is to consult with a Foreclosure defense attorney from the county where the condo is located.

The attorney needs to review the Foreclosure paperwork. Then he or she can give you options on what can be done.
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Q: The Trustee in my Chapter 7 said my case will be closed in 30 days. But I have not received discharged Papers

2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Jan 9, 2018

If you want to stay in the house you need to pay. If you do not, then you do not. The clerk at holiday time takes a little more than 30 days to process papers.
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Q: Hi..i entered a mortgage loan disaster relief program with caliber home loans. They said that I was able to move

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Answered on Jan 9, 2018

Impossible to say without review documents and your financials. I would recommend you schedule a consultation with an attorney for specific guidance.
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Q: What do I need to do to stop a foreclosure that's already in progress?

2 Answers | Asked in Foreclosure for Florida on
Answered on Jan 5, 2018

You need an attorney and/or enough money to bring the loan current.
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Q: If I don't want to contest the foreclosure proceedings that I'm named in in Illinois, do I have to file an answer?

1 Answer | Asked in Foreclosure for Illinois on
Answered on Jan 5, 2018

Provided that you do not wish to retain whatever interest you have in the property, no. You will be defaulted and your interest foreclosed. Of course if the complaint seeks a personal deficiency against you as the mortgagor you would probably want to file an appearance and answer.
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Q: CH 7 BK 11/2010. Did not reaffirm my mortgage. BK accounts off CR. Can lender still report foreclosure?

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for California on
Answered on Jan 3, 2018

You should seriously consider a short sale but you have to move FAST. I have done 100's of short sales at no cost to the homeowner so I have a lot of experience in such matters. I am real estate broker and attorney with bankruptcy experience. As for DIL - they can be difficult in California and still have the same negative effects as a foreclosure. Technically your BK should make any debt forgiveness tax issues go away but you have to stay on top of the banks because they screw up all the...
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Q: we are $8200 backed up on mortgage , we tried to pay mortgage company they told us to talk to their attorney not them ?

1 Answer | Asked in Foreclosure for New Jersey on
Answered on Jan 3, 2018

You have several options. I recommend speaking to an attorney directly about your specific issues. Most foreclosure defense law firms will give you a free consultation specific to your situation if you call.
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Q: An investor is offering to buy my home (going to sheriff's sale soon). What are the risks?

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Answered on Jan 3, 2018

Advice? Use the Find a Lawyer tab to retain a local real estate attorney to review the offer and advise you. It could be a scam.
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Q: What motion or request must I file in court to dismiss a foreclosure suit against my property? How can I win?

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Answered on Jan 3, 2018

You need to hire a Foreclosure defense attorney from the Gulf Breeze or surrounding area to handle this.

The first step would be a review of the chain of title as to how you came to own a home that has a mortgage owed on it from a prior owner.

Get an attorney ASAP.
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Q: Need lawyer to assist me and my.85 year old mother with a conversion claim. Having difficult time locating a lawyer

1 Answer | Asked in Foreclosure, Constitutional Law, Elder Law and Probate for Florida on
Answered on Jan 2, 2018

You may want to call the police and adult protective services.

Copy and paste the following link to report elder abuse: http://elderaffairs.state.fl.us/doea/report_abuse.php

If its a case against a financial adviser or stock broker, reach out to me.
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Q: Tenant right on a house being sold as foreclosure on auction.com

1 Answer | Asked in Civil Rights, Consumer Law, Foreclosure and Landlord - Tenant for Illinois on
Answered on Jan 1, 2018

My general advice to people in your situation is to start looking for a new place immediately. Even if a buyer at auction takes title subject to your rights as a tenant, he or she can give you notice at any time that your lease expires at the end of the calendar month following the one in which you received the notice. Since you can't be sure whether a new owner will do this, start looking for a new place now. If the new owner wants to keep you as a tenant, you can stop looking.
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Q: My father passed in 2011. I was left with real estate upside down. Now, it will not sell. What choices do I have as PR?

1 Answer | Asked in Estate Planning and Foreclosure for Oklahoma on
Answered on Dec 31, 2017

I'm not sure that I understand your question. It sounds like the amount owed on the mortgage exceeds the value of the home. If this is the case there would be no proceeds from the sale to distribute to creditors or heirs. However, if you have made mortgage payments from your own funds and there is some equity, I would seek reimbursement of those funds prior to paying general unsecured creditors.

As to monies from bank accounts, you should certainly want an accounting.
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Q: I've received several letters from my lender regarding missed mortgage payments. What should I do?

1 Answer | Asked in Foreclosure for New York on
Answered on Dec 29, 2017

Contact the lender to review your options. Part of the issue will turn on what you want to happen.
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Q: I lost my job but my spouse still works, we are now with o money, and going into foreclosure, can I file for bankruptcy

2 Answers | Asked in Bankruptcy, Foreclosure and Small Claims for New Mexico on
Answered on Dec 28, 2017

A bankruptcy filing will pause the foreclosure, but will not solve the problem. I would not advise attempting the bankruptcy on your own, you will need a bankruptcy attorney for this.

Information provided for informational purposes only and should not be taken as legal advice.
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