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Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: OK so Me and my boyfriend moved in a house about 6 months ago we were on a fixed lease we'll the house got foreclosed up
James L. Arrasmith
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answered on Mar 4, 2024

In California, if you're living in a rental property that gets foreclosed upon, the Protecting Tenants at Foreclosure Act provides you with certain rights. First and foremost, if you have a fixed-term lease, the new owner must honor the lease unless they plan to occupy the property as their... View More

1 Answer | Asked in Foreclosure for Florida on
Q: Hello My deceased mom home in the state of Florida was sold at foreclosure proceedings and she owned 50% interest.

Me and my siblings would like to know the steps to take to obtain the funds. Thank You!

T. Augustus Claus
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answered on Mar 1, 2024

In Florida, if your deceased mother's home was sold at foreclosure and she owned a 50% interest, you and your siblings need to follow several steps to claim any surplus funds from the sale. First, you should contact the clerk of the court in the county where the foreclosure sale occurred to... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for California on
Q: How do you rid of a mechanical lein on your home?

My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid... View More

1 Answer | Asked in Contracts, Foreclosure and Estate Planning for California on
Q: How do I get rid of a mechanical lein placed on a home owned by my mom's trust?

My mom needed work done in her attic. A company called Attic Project took on the work knowing very well we didn't have the money stating my mom can pay them back later. I her son signed an agreement. My mom owes them 7200.00 now they want to place a mechanical lein on her home by middle of... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, dealing with a mechanic's lien on a property requires prompt and careful action. If a lien has been placed on your mom's home due to unpaid debts for work done, the first step is to review the agreement you signed with Attic Project. It's important to understand... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: Wrongful foreclosure, disbursement question

What are the grounds to appeal a disbursement hearing, if any? Must a property be levied first before auctioned for judicial foreclosure from consent order.

James Clifton
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James Clifton
answered on Feb 20, 2024

The disbursement hearing would not be the place to challenge the foreclosure auction. You would have needed to file an injunction prior to the auction to challenge whether the auction was being conducted pursuant to applicable law. The order on the disbursement hearing is likely subject to an abuse... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: Do all real properties in Georgia must be levied with notice before a judicial foreclosure?

If this was part of a consent order of a settlement. Like let’s say you are given 180 days to pay $90,000 or property has to be sold. Does it need to be levied first before auctioned?

James Clifton
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James Clifton
answered on Feb 20, 2024

No, if there is a consent judgment that grants the right to foreclose, the notice of foreclosure sale must be published according to the laws relating to sheriff's sales. The sheriff will then auction the property. If your property was foreclosed, you may have the ability to collect surplus... View More

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Georgia on
Q: If you give someone money to purchase property for you without contract, how can you prove your intent of ownership?

Bank transactions reflect transfer of funds on date of home purchase date

James Clifton
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James Clifton
answered on Feb 18, 2024

In order to prove that there was an intent to share in the ownership of the property or that the funds provided at closing were to be paid back, you would need to have texts or emails showing that there was an agreement between the parties. A less reliable method would be to provide witnesses who... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Utah on
Q: I'm an heir to an estate, How do I get my funds out of court after a foreclosure?
Kenneth Prigmore
Kenneth Prigmore
answered on Feb 16, 2024

The entity that foreclosed on the home will have the money initially. If it's over $100k, they will normally refuse to give it to an heir without first your going to court and requesting to be named as the personal represenative.

If it has been long enough, the entity may have turned...
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1 Answer | Asked in Foreclosure for Virginia on
Q: If I pay the full past due amount for my mortgage will that stop forclosure?

I lost my job last Oct, but im back to work full time and can now pay all the past due. I'm about 3 months behind.

T. Augustus Claus
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answered on Feb 15, 2024

In Virginia, paying the full past due amount on your mortgage can indeed halt the foreclosure process, assuming the lender hasn't already completed the foreclosure sale. When you pay off the entire amount you owe in arrears, including any late fees and legal costs incurred by the lender as... View More

1 Answer | Asked in Foreclosure for Florida on
Q: Ex-husband being foreclosed on in FL. I'm on deed, but NOT on mortgage. How does this affect me?

I have nothing to do with the property but was told I had to sign the mortgage since we were still legally married at the time of his closing. It's been eight years and I've moved on and moved to Missouri, and he's now being foreclosed on. What does this mean for me, if anything?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

It means that the mortgage can be foreclosed despite your interest in the property. The property can be sold pursuant to an order of the court and in the very rare possibility that the property sells for more than is owed, you would be entitled to a portion of the excess. You are being notified... View More

3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Leon Bayer
Leon Bayer
answered on Feb 15, 2024

Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More

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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Anthony M. Avery
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answered on Feb 15, 2024

You are probably junior to the foreclosing secured debt. You can bid at the sale to protect your interest. But a sale without a surplus means your lien against the land is extinguished although the debt against the individual is still existent. If there is a surplus, trustees are notorious... View More

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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

James L. Arrasmith
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answered on Feb 21, 2024

First, review the Notice of Trustee's Sale carefully to understand the timeline and process involved in the sale of the property. Determine the date of the sale and any deadlines for action.

Next, assess your options for recouping the loss of $20,000 in unpaid building materials....
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1 Answer | Asked in Foreclosure for Georgia on
Q: I've been living in a home for 33 years the home was in my parents name technically I'm not the owner it's sold on

It was sold on the courthouse square on the first Tuesday of the month now the new owner is coming up here and telling me that is his home and he's taking my stuff and he's letting people steal my stuff taking it off the property does he have the right to do this because technically as it... View More

James Clifton
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James Clifton
answered on Feb 12, 2024

If the new owner is removing your property without a writ of possession, he can be charged with theft. The writ of possession is necessary to begin the process of removing you and your property. Also, there may be surplus funds that you are entitled to from the foreclosure sale. Schedule a free... View More

1 Answer | Asked in Banking, Foreclosure and Real Estate Law for Florida on
Q: during my loan transfer I got a collection agency sent to my door when I wasn’t even late on my payment.

I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from... View More

James L. Arrasmith
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answered on Feb 5, 2024

Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:

- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days...
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3 Answers | Asked in Bankruptcy, Contracts, Foreclosure, Personal Injury and Identity Theft for Arkansas on
Q: How would I go about finding out if someone has married me without me knowing and also taken power of attorney over me

If someone is using my name and social how would I find out how it's being/been used

James L. Arrasmith
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answered on Feb 4, 2024

If you suspect that someone may have married you without your knowledge and obtained power of attorney over you using your name and social security number, it's essential to take immediate action. First, gather any available documents or information related to these concerns. Reach out to your... View More

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1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for California on
Q: My father passed away and I have a total of 2 brothers and 2 sisters. My dad had a Mortgage and I need some help.

I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?

James L. Arrasmith
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answered on Jan 31, 2024

To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: How do I go about assuming the mortgage of my deceased Uncle's home, which is in foreclosure.

I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More

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2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: How do I go about assuming the mortgage of my deceased Uncle's home, which is in foreclosure.

I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More

James Clifton
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James Clifton
answered on Jan 31, 2024

There are several questions that you have posed. The answer to each one is outlined below.

Can I assume the mortgage for the balance due? On a reverse mortgage, you cannot assume payments, so this will not be an option. You will need to pay off the mortgage balance in cash or get a loan to...
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1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: How does AZ/Santa Cruz County law deal with foreclosure of a property when tax liens are owned by multiple parties?

Let's say I purchase a tax lien on a property that has tax liens from 5 prior tax years owned by someone else. How does foreclosure work in this situation?

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, particularly Santa Cruz County, when there are multiple owners of tax liens on the same property, the foreclosure process works as follows:

1. The most recent tax lien takes priority. So in your case, you as the most recent tax lien purchaser would have the first priority...
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