Foreclosure Questions & Answers by State

Foreclosure Questions & Answers

Q: assoc filed lien against my property 2547.00 of which 1240.00 for assoc. and 70.00 late fees & 700 fine468 legal

1 Answer | Asked in Foreclosure, Collections and Real Estate Law for New Jersey on
Answered on Jul 26, 2017

What they can charge is based on the bylaws for the HOA and what a court would consider reasonable. You may want to bring a copy of the bylaws and the court paperwork to an attorney for review.
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Q: Can a HOA file foreclosure without notifying the homeowner?

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Answered on Jul 25, 2017

What is their basis for doing so? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: Prop sold in foreclosure. warrantydeed 2013 had tax lien.How do I get tax lien to show satisfied?

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Florida on
Answered on Jul 24, 2017

There is not enough information to answer why the county records did not update.

In terms of getting the tax lien removed from your credit report, that is likely not possible. Your credit report is a history of events (good and bad). Whether it gets shown as paid is a different thing since you did not pay it, the lien may still show on your credit report for the reason stated above.
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Q: A final judgment was entered Dec. 2012 and sale date set for March 2013 but it never went to sale. What can I do?

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Answered on Jul 21, 2017

That should not be the case. There were some foreclosure cases that were part of a class action and were put on hold because the paperwork was not correct. You can wait it out or work it out with a modification of your mortgage. The only way I can see that you could lose it would be if the lender stopped paying the taxes, it could go to tax deed sale and title would transfer to the buyer at tax deed sale, but you would receive notice of that prior to any sale. I would save your money and...
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Q: Receiving calls from lawyer to get permission to sell house because stepdad not making payments. Can I claim the house?

3 Answers | Asked in Real Estate Law and Foreclosure for New York on
Answered on Jul 21, 2017

Your rights depend on how the title was held. I would need to see the deed.
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Q: Hello, I am trying to figure out whether I have made my 30-day motion date deadline. Do you know how I can obtain this?

1 Answer | Asked in Foreclosure for New York on
Answered on Jul 20, 2017

I do not know what 30 days refers to. Motions must be served in advance of the hearing but 30 days is not the number.
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Q: Foreclosure case.I have a court decision from the Judge stating that the lender must comply with a RPAPL 1304 notice.

2 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for New York on
Answered on Jul 10, 2017

You should speak with an attorney to go over your court paperwork. Without actually knowing the details of your case, there is no way to recommend a course of action.

Is your case still active, or was it dismissed? Has the time run for the bank to refile the case if it was dismissed?
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Q: Complicated pobate situation.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for California on
Answered on Jul 10, 2017

Your question may be confusing differing probate procedures for sales. If the administrator has the right authority, and the sale does not go through, you may be able to recover damages from the estate. You need a consultation with a probate/real estate attorney.
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Q: I have had a garnishment since 3/20/2015. I have paid $18,641.43 to date. Things were okay until my mother passed away.

1 Answer | Asked in Foreclosure and Civil Litigation for Ohio on
Answered on Jul 7, 2017

In order to stop the garnishment you may want to consult a bankruptcy attorney about having the debt discharged. On the mortgage you can request assistance from your lender by requesting a loan modification application.
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Q: How much time do I have to fight a notice of foreclosure once I've been served?

1 Answer | Asked in Foreclosure for Connecticut on
Answered on Jul 1, 2017

The date that sets all other deadlines is your return date. If you look at the summons and complaint, you will see the return date listed in the upper right hand corner of the summons. The return date is set by the attorney who filed the complaint and is an arbitrary date left within the attorneys discretion so long as at least 12 days can elapse from the time of service before it is returned to court and it must be filed in court no less than six days prior to the return date. The return...
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Q: My husband has a lien from a previous property foreclosure. How long does he have to wait to buy a new house free clear.

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Answered on Jun 29, 2017

Your description of lien from a prior foreclosure actually does not provide enough information.

I suggest that you meet with a real estate attorney in your area and ask these questions. Depending upon the type of lien it lack thereof there may not be a restriction upon him buying a new homestead.
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Q: Urgent help needed foreclosure

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Answered on Jun 29, 2017

Reverse mortgages are a bit tricky and usually more difficult to work with. The problem you are facing is your mortgage company has no legal "duty" to modify your loan or give you a 2nd chance after you have defaulted, but they should act fairly, especially when it was an honest mistake. I would recommend that you consult with an attorney to write a letter and get you on a payment plan you can afford. Best of Luck! Jennifer
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Q: Raising all defenses?

1 Answer | Asked in Foreclosure and Elder Law for New York on
Answered on Jun 27, 2017

Unless you are her guardian or have her authority, no bank will talk to you. It violates her privacy.
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Q: Can a home be legally sold at auction if the home owner is not notified that a sale date has been rescheduled ?

1 Answer | Asked in Personal Injury, Foreclosure and Real Estate Law for Kentucky on
Answered on Jun 24, 2017

You need to find out how the notice of changed date was made. You need an attorney. Contact www.naca.net to find a consumer attorney near you. You must act immediately. You found out April and you are asking in late June? A court won't buy that. (Yes, I understand it's hard for a layperson to understand the procedures, but as it is the President is about cutting legal services to zero, so you may want to also take a few minutes to let your politicians know what is going on. However legal...
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Q: San Diego, CA, HUD Reverse Mortgage foreclosed at auction.

1 Answer | Asked in Estate Planning, Foreclosure and Probate for California on
Answered on Jun 23, 2017

San Antonio, TX:

I am a bit confused about the status of the heirs. You state that you are the sole heir, but have three siblings.

The form you want is called an "affidavit for collection of personal property." There are many examples online if you search for the form name.

However, I advise you to consult with an attorney before you submit the form due to your statement that you are the sole heir but have three siblings. If you do not know where to find an attorney, I...
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Q: Okay, so it depends on the language....

1 Answer | Asked in Foreclosure, Real Estate Law and Elder Law for New York on
Answered on Jun 23, 2017

Probably won't matter if a) the docs were filed with the county / register, b) they can submit an Affidavit outlining the documents were lost and what efforts they made to find the originals plus that the duplicates are exact copies.
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Q: So you're saying the lender can call the mtg in now in 2017 after eight years?

2 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for New York on
Answered on Jun 22, 2017

That's not what I am saying.
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Q: Q1.If the mortgagor dies in 2009, and the mtg contract is due, but the lender does nothing. Is that deemed accelerated?

3 Answers | Asked in Civil Litigation, Foreclosure, Real Estate Law and Elder Law for New York on
Answered on Jun 22, 2017

The answer unfortunately is that it depends on the language in the mortgage.
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Q: I lost my Home in Oakland County to tax foreclosure I have money to pay now is can I appeal

1 Answer | Asked in Appeals / Appellate Law, Foreclosure and Tax Law for Michigan on
Answered on Jun 20, 2017

I suggest you contact Michigan's Step Forward program to see if they can help. The link is here: https://www.stepforwardmichigan.org/en/

You should also contact the Michigan Treasurer's office to see if they can point you in the right direction. You still may have redemption rights but tax foreclosure fees and levies are hefty.
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Q: If my friend buys my house at a sheriff sale can I still live in it.

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for New Jersey on
Answered on Jun 17, 2017

Any one that wins the house at auction from a sheriff sale becomes the owner of the house as long as they pay the balance owed to the sheriff on the auction. Yes, fraud does happen at sheriff auctions, but without knowing the specifics of your deal with your friend I would not make a blanket statement whether it was fraud or not.

You may want to look at a short sale prior to the sheriff sale. Talk to an attorney to go over your options, not a paralegal. If a paralegal is giving you...
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