Foreclosure Questions & Answers

Q: I want check if my property has been filed under a foreclosure in New York. Does Justia contain all filings?

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Answered on Dec 18, 2018
Michael David Siegel's answer
No, you cannot get all information on this site. Call the court clerk for the Supreme Court in your county, and ask.

Q: Can a judge change his previously amended Temporary Restraining Order?

1 Answer | Asked in Foreclosure, Child Custody and Domestic Violence for California on
Answered on Dec 17, 2018
Dale S. Gribow's answer
more info needed.

judges can change orders but usually, there is a hearing where arguments are presented. Was there one you did not know about?

you have posted this on a crim/accident site and suggest you ask this of family law attorneys.

you really should retain a lawyer who can discover all the info and not just bits and pieces.

Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Appeals / Appellate Law for Maryland on
Answered on Dec 17, 2018
Richard Sternberg's answer
It depends on whether the defendants have a potential or actual conflict of interest, which most often arises if their positions are contradictory, such as where one of them wants you to lose and the other wants you to win or when one impleads for damages from the other for your claims. If you think you are going to take on U.S. Bank and Ocwen simultaneously pro se, you must be planning to lose, right? Do I guess correctly that this is a foreclosure defense, and both Ocwen and US Bank seek to...

Q: Did chapter 7 in 2009 been paying my house since over 8 years now I’m slow at work , they are doing a foreclosure while

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on
Answered on Dec 15, 2018
Timothy Denison's answer
You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.

Q: My family rented a home from who we thought was the owner but she lost house in foreclosure

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Answered on Dec 14, 2018
Manuel Alzamora Juarez's answer
Assuming you have already sent her a letter telling her to turn the water and she has refused. Call the City inspectors and tell them to cite her for depriving you of water and sewage. Once the city inspects your house and cites her, talk to a Tenant lawyer to advise your further. Best of luck:

Q: My home was sold to Third Party at Sheriff Sale. He picked up the Deed and Title. How do I get him to record the Deed

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Answered on Dec 13, 2018
Leonard R. Boyer's answer
You cannot force the issue. But you do need to file for Chapter 7 Bankruptcy to eliminate any financial liability for the property. Chose the best Bankruptcy attorney that you can find.

Q: Any help for chapter 13

1 Answer | Asked in Bankruptcy and Foreclosure for California on
Answered on Dec 10, 2018
Aaron Michael Lloyd's answer
Contact a local bankruptcy attorney that is licensed to practice law in your state.

Q: I inherited property that I did not know about, and therefore never paid the mortgage or received any notifications

1 Answer | Asked in Foreclosure for Florida on
Answered on Dec 9, 2018
Christie D. Arkovich's answer
You should retain a foreclosure defense attorney who can file a response with the court on your behalf and gain you some time. That attorney can help determine what is owed on the property, and if there are any other liens other than the mortgage. If the property is worth less than what is owed, you may not have any interest in saving or selling. If it has equity though, there are various options you can take to preserve any inheritance.

Q: My foreclosure auction was 4 days ago. I dont know if it sold. I have a tenant living there.

1 Answer | Asked in Foreclosure for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
As with many things legal "it depends." If the tenant is a "bona fide" tenant (not related to the owner who lost the house), they may get 90 days or they may get to ride out the current lease.

The rules for how long a tenant gets to stay under the terms of their pre-foreclosure lease differ depending on who bought at auction (for instance, if someone bought to occupy the property they can oust a tenant quicker than someone who bought the property as an investment). It also varies...

Q: Could you please provide information on joining current class action lawsuit against Ocwen Loan Svc'g for Pennsylvania

1 Answer | Asked in Bankruptcy, Family Law, Foreclosure and Real Estate Law for Pennsylvania on
Answered on Dec 7, 2018
Kathryn Hilbush's answer
No idea. I'd google it and see if you can locate the information about the particular lawsuit you're interested in. I tried but, not knowing why you believe you may be eligible to apply to join one of the several lawsuits out there, my ability to come up with any sort of suggestion was too limited.

Q: My mom died when I was young and my uncle is trying to sell the house I used to live in? Is that legal and isit my house

1 Answer | Asked in Real Estate Law, Family Law and Foreclosure for Louisiana on
Answered on Dec 6, 2018
Ellen Cronin Badeaux's answer
Call or go to the mortgage and conveyance office for the parish in which the house was located and find out who does own it. If your Mom or grandfather was an owner, then you need to hire a succession attorney.

Q: Does a widow in Oregon have survivorship rights even though only husbands name is on deed to house?

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Oregon on
Answered on Dec 3, 2018
Vincent J. Bernabei's answer
If only the deceased spouse's name is on the deed to the home, the surviving spouse must initiate a court probate proceeding to have ownership of the home transferred. The surviving spouse has certain claims to a deceased spouse's estate, but the deceased spouse's estate will have to go through probate. If the deceased spouse had no will, and the deceased spouse has no surviving children from other relationships, the surviving spouse should receive the entire estate of the deceased spouse...

Q: I there a limit on Attorney fees on a property tax foreclosure

1 Answer | Asked in Foreclosure for New Jersey on
Answered on Dec 2, 2018
Leonard R. Boyer's answer
There is not specific limit, but most quality attorneys will charge an hourly rate, not a fixed fee. 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.

Q: Buying a bank owned foreclosure with a Les Pendens

1 Answer | Asked in Foreclosure and Real Estate Law for Maine on
Answered on Dec 1, 2018
Fred Bopp III's answer
I think you mean lis pendens, but in any event, the answer to your question is, as long as the foreclosing bank properly recorded a copy of the foreclosure complaint or what is known as a clerk’s certificate in each registry of deeds in which the mortgage deed is or by law ought to be recorded, then Maine law provides as follows: “Any other party having a claim to the real estate whose claim is not recorded in the registry of deeds as of the time of recording of the copy of the complaint...

Q: Can a law firm be sued?

1 Answer | Asked in Civil Litigation, Consumer Law, Foreclosure and Landlord - Tenant for District of Columbia on
Answered on Nov 30, 2018
Andrellos Mitchell's answer
Well, I guess you got what you paid for. But seriously, even though the firm represented you for free, if it was negligent in the handling of your case and breached its duty of care compared to other law firms in the community, handling the same types of cases, theoretically you can sue the firm. However, based on the facts you present, I don't think you have a legally sufficient basis to sue the firm.

Q: I've read that military personnel get special protections to prevent foreclosure. What about former military?

1 Answer | Asked in Foreclosure for New York on
Answered on Nov 27, 2018
Jonathan David Warner's answer
Not really. The military protections consist largely of making sure that those serving on active duty are not foreclosed upon in absentia. With that said, there are loan modifications available through the VA and/or Ginnie Mae that are specifically designed to give those associated with the military a leg up.

Your next best step is to consult with an attorney who is familiar with Loss Mitigation Procedures and Foreclosure Law.

Good luck, and thanks for your service.

Q: could knowledge of a lawsuit be considered as actual service?

1 Answer | Asked in Foreclosure and Real Estate Law for Michigan on
Answered on Nov 25, 2018
David Soble's answer
In matters involving county tax foreclosure notice of service is given through publication in the legal news as well as posting the property with notice of the suit. The county will also send notice via regular mail too. Finally, you can challenge failure to provide proper notice by filing a quiet title action against the County if information shows they did not follow the process properly.

Q: could knowledge of a lawsuit be considered as actual service?

1 Answer | Asked in Foreclosure and Real Estate Law for Michigan on
Answered on Nov 25, 2018
David Soble's answer
No, you must be properly served, however, if you cannot be served personally for some reason, then the plaintiff / County, can serve you through court ordered publication in the legal news or even a posting. In the case of property tax forfeiture, posting and publication may be adequate notice.

Q: Do I have to file a response to my foreclosure summons if I am in the process of a home modification?

1 Answer | Asked in Foreclosure for New Jersey on
Answered on Nov 25, 2018
Leonard R. Boyer's answer
Your case worker at the lender is a liar. Any time you receive a Summons and Complaint, you can never ignore it, especially in a foreclosure case. You need to retain the right type of attorney right away, like tomorrow. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You...

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