Foreclosure Questions & Answers by State
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Foreclosure Questions & Answers
Q: NY: In foreclosure past 5 years represented by council on per diem basis.
Derek John Soltis' answer
There is no longer any laws that mandate a bank give loan modifications except under FHA loans, and even then there are tight deadlines. You should contact Shellpoint about a loan modification, while pointing out you were waiting for an answer on your appeal.
There is no longer any laws that mandate a bank give loan modifications except under FHA loans, and even then there are tight deadlines. You should contact Shellpoint about a loan modification, while pointing out you were waiting for an answer on your appeal.
Q: house going to Sherriff sale. NOT short sale. Arm's length applies to short sale. Does it apply to Sherriff sale in NJ
1 Answer
| Asked
in
Foreclosure, Real Estate Law and Banking
for
New Jersey
on
Answered on Oct 17, 2018
Answered on Oct 17, 2018
Leonard R. Boyer's answer
There is no way of knowing who will win the sheriff sale. This is very different from an auction. If it was a short sale, you do not control anything, the lender does and statistically most short sales fail.
There is no way of knowing who will win the sheriff sale. This is very different from an auction. If it was a short sale, you do not control anything, the lender does and statistically most short sales fail.
Q: can i be held accountable for a contract i did not sign? i am one half of an estate and other half signed
1 Answer
| Asked
in
Real Estate Law, Estate Planning, Family Law and Foreclosure
for
New York
on
Answered on Oct 17, 2018
Answered on Oct 17, 2018
Michael David Siegel's answer
More details are required, including the actual contract. But it sounds like it is not binding.
More details are required, including the actual contract. But it sounds like it is not binding.
Q: I have a primary and secondary loan on my house. Can they foreclose on the home of I fail to keep up payments on second?
Daliah Brill's answer
If you continue to pay the loan (Security Deed in first position) that you refer to as primary and stop paying the loan in second position (Security Deed in second position), the lender for the second can foreclose subject to the first or primary loan.
If you continue to pay the loan (Security Deed in first position) that you refer to as primary and stop paying the loan in second position (Security Deed in second position), the lender for the second can foreclose subject to the first or primary loan.
Q: Can a Tenant leaving for 10 years in a property in Foreclosure paying association and assessments buy the property?
1 Answer
| Asked
in
Foreclosure, Landlord - Tenant and Real Estate Law
for
Florida
on
Answered on Oct 13, 2018
Answered on Oct 13, 2018
Jonathan A. Klurfeld's answer
Anyone can bid it is a public auction; or if seller agrees you can buy via a short sale now. You should hire a lawyer before you do anything to make sure there are no other liens on it and help you with the process.
Anyone can bid it is a public auction; or if seller agrees you can buy via a short sale now. You should hire a lawyer before you do anything to make sure there are no other liens on it and help you with the process.
Q: Can anyone help me purchase property ahead of Sherriff Sales?
Evan Charles Pappas' answer
Our firm could assist with this work provided that we do not have any conflicts with the foreclosing bank/lender and would charge for this work on an hourly basis. Feel free to schedule a confidential phone or in-person consultation for more information.
Our firm could assist with this work provided that we do not have any conflicts with the foreclosing bank/lender and would charge for this work on an hourly basis. Feel free to schedule a confidential phone or in-person consultation for more information.
Q: Do I need a lawyer to file for a partition of property? If I hire one, am I just making a bad situation more worse?
1 Answer
| Asked
in
Contracts, Estate Planning, Foreclosure and Real Estate Law
for
Idaho
on
Answered on Oct 10, 2018
Answered on Oct 10, 2018
Kevin M Rogers' answer
Why don’t you ask your mother to quit claim her interest in the property to you? Partitioning this property won’t answer the question of what money you might owe to your mother? As for your question, this is not a difficult situation for an experienced attorney to handle, and if you know what you’re doing why don’t you do it yourself? Any lawyer you hire is going to charge you a retainer but I can’t imagine why that would make the situation you find yourself worse.
Why don’t you ask your mother to quit claim her interest in the property to you? Partitioning this property won’t answer the question of what money you might owe to your mother? As for your question, this is not a difficult situation for an experienced attorney to handle, and if you know what you’re doing why don’t you do it yourself? Any lawyer you hire is going to charge you a retainer but I can’t imagine why that would make the situation you find yourself worse.
Q: What is a judicial foreclosure state and is New York considered one?
Michael David Siegel's answer
A judicial foreclosure state means a bank must bring a lawsuit to foreclose, and New York is such a state.
A judicial foreclosure state means a bank must bring a lawsuit to foreclose, and New York is such a state.
Q: If I hand the keys to the bank default on my home loans and walk away, can the banks come back and attach my other asset
Diane L. Drain's answer
Since you asked about home loans - plural, then the answer is "maybe". It depends on the type of loan, the use of your property and why it was purchased.
Since you asked about home loans - plural, then the answer is "maybe". It depends on the type of loan, the use of your property and why it was purchased.
Q: Filed for bankruptcy in 2011. Abandoned and discharged my house. HOA had dues added to house after it was discharged.
2 Answers
| Asked
in
Bankruptcy, Foreclosure and Real Estate Law
for
Colorado
on
Answered on Sep 29, 2018
Answered on Sep 29, 2018
Q: Can def file a mt to vacate jud or motion for rehearing in a fed civil case after judge accepts the magistrate report?
1 Answer
| Asked
in
Bankruptcy, Foreclosure and Real Estate Law
for
Texas
on
Answered on Sep 28, 2018
Answered on Sep 28, 2018
Q: I have a sheriff sale in four weeks. I want to move now! Can I shut off utilities and water and move on with my life!
Derek John Soltis' answer
Even if your home sells at a sheriff sale, you are not evicted the next day. If the bank buys the property back at auction, you may have 1/2 a year or more.... Or 30 days. It really comes down to what actually happens.
You can also ask the sheriff to move your sale date back 28 days.
Instead of just giving up, talk to an attorney to go over all of your options, make a plan, and reduce the stress in your life.
Even if your home sells at a sheriff sale, you are not evicted the next day. If the bank buys the property back at auction, you may have 1/2 a year or more.... Or 30 days. It really comes down to what actually happens.
You can also ask the sheriff to move your sale date back 28 days.
Instead of just giving up, talk to an attorney to go over all of your options, make a plan, and reduce the stress in your life.
Q: Who do I see to learn if an action has been filed on a mechanic's lien or if a hearing date has been set or is pending?
1 Answer
| Asked
in
Consumer Law, Contracts, Foreclosure and Real Estate Law
for
Oklahoma
on
Answered on Sep 27, 2018
Answered on Sep 27, 2018
Todd Laster's answer
You can search to see if a mechanic's lien has been filed on your property by searching in the land records division of the Court house where the property is located. There is a fee for copies. If the creditor makes an attempt to foreclose on the mechanics lien you should be notified by a summons.
You can search to see if a mechanic's lien has been filed on your property by searching in the land records division of the Court house where the property is located. There is a fee for copies. If the creditor makes an attempt to foreclose on the mechanics lien you should be notified by a summons.
Q: Complex Foreclosure on 2nd mortgage/divorce/bankruptcy question
Timothy Denison's answer
If they didn’t join you as a party to the foreclosure and you didn’t have notice, the foreclosure is defective. Go to divorce court, make a motion to hold your ex in contempt and for every penny pure out of pocket, including your attorney fees, and the Court will resolve this problem for you from there.
If they didn’t join you as a party to the foreclosure and you didn’t have notice, the foreclosure is defective. Go to divorce court, make a motion to hold your ex in contempt and for every penny pure out of pocket, including your attorney fees, and the Court will resolve this problem for you from there.
Q: I need a lawyer to stop foreclosure in a deed of trust n tennessee
Anthony Marvin Avery's answer
What are your grounds? Any competent attorney will be expensive and you will probably have to put up a Bond to put down a Temporary Restraining Order. You do not have much time and it will take alot of work to file suit in Chancery. It may be more feasible to file a Chapter 13 Bankruptcy, which again will be expensive for probably the first six months to a year to cure the default. If you have no grounds to contest the Foreclosure, then Chapter 13 Bankruptcy will be your only hope.
What are your grounds? Any competent attorney will be expensive and you will probably have to put up a Bond to put down a Temporary Restraining Order. You do not have much time and it will take alot of work to file suit in Chancery. It may be more feasible to file a Chapter 13 Bankruptcy, which again will be expensive for probably the first six months to a year to cure the default. If you have no grounds to contest the Foreclosure, then Chapter 13 Bankruptcy will be your only hope.
Q: Is husband liable for a loan wife cosigned for her aunt?
1 Answer
| Asked
in
Family Law, Foreclosure and Real Estate Law
for
Maryland
on
Answered on Sep 18, 2018
Answered on Sep 18, 2018
Cedulie Renee Laumann's answer
Maryland does not shift debt to a spouse, so if a husband never signs any loan documents he should not be personally responsible for the debt of his wife.
Whether or not any assets are at risk will depend how they are titled.
While not legal advice, I hope that this helps.
Maryland does not shift debt to a spouse, so if a husband never signs any loan documents he should not be personally responsible for the debt of his wife.
Whether or not any assets are at risk will depend how they are titled.
While not legal advice, I hope that this helps.
Q: I didn't respond to the 20 day summons for foreclosure hearing. How long does it take for the judgement to get approved?
Terrence H Thorgaard's answer
A summons does not normally tell you the date of a hearing. It advised you that you have 20 days in which to file an answer. Foreclosure hearings normally take months or more. Check the online docket (available at the clerk of court for the county where the property is located) to see what has happened in the case. If you have not been defaulted you can still file an answer.
A summons does not normally tell you the date of a hearing. It advised you that you have 20 days in which to file an answer. Foreclosure hearings normally take months or more. Check the online docket (available at the clerk of court for the county where the property is located) to see what has happened in the case. If you have not been defaulted you can still file an answer.
Q: Can I purchase the redemption rights for $1000 from the owner on the property if the sheriff's sale happen last week?
David Soble's answer
Yes.
The homeowner can alienate or sell their redemption rights. However, the Michigan Court of Appeals recently held in a case held that the mortgagor may, after the original mortgage transaction, sell or convey his or her equity of redemption to the mortgagee by a separate and distinct contract entered into for good faith and for valid consideration, but “the exchange must be fair, frank, honest, and without fraud, misconduct, undue influence, oppression or unconscionable...
Yes.
The homeowner can alienate or sell their redemption rights. However, the Michigan Court of Appeals recently held in a case held that the mortgagor may, after the original mortgage transaction, sell or convey his or her equity of redemption to the mortgagee by a separate and distinct contract entered into for good faith and for valid consideration, but “the exchange must be fair, frank, honest, and without fraud, misconduct, undue influence, oppression or unconscionable...
Q: Does hiring a foreclosure lawyer allow you to stay in your home longer?
Derek John Soltis' answer
Hiring an attorney that knows how to defend a foreclosure lawsuit and all of the other options available will normally get you more time than if someone files an answer themselves.
If you want to go over all of your options or have an attorney review your case, you need to reach out to an attorney. Not every attorney understands foreclosure, so make sure to find someone with experience.
Hiring an attorney that knows how to defend a foreclosure lawsuit and all of the other options available will normally get you more time than if someone files an answer themselves.
If you want to go over all of your options or have an attorney review your case, you need to reach out to an attorney. Not every attorney understands foreclosure, so make sure to find someone with experience.
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