Ask a Question

Get free answers to your Foreclosure legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Foreclosure Questions & Answers
2 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: My family's house was foreclosed ~10 years ago. A friend paid under mkt value, promising I could buy it back for same $

Is this legal? Could you point me to any relevant statutes too? Is the promise enforceable (nothing written so I guess no)?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2024

Owner will probably refuse to convey to you as the oral promise violates the Statute of Frauds. Hopefully you have some sort of memorandum signed by owner. Consult with a MI attorney to draft a deed and attempt to tender the money for the deed.

View More Answers

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:

1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.

2. Consult an...
View More

View More Answers

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
Paul  Burkett
PREMIUM
Paul Burkett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2024

You should hire an experienced Alabama attorney to navigate the process. I do not regularly handle these matters but have done so in the past.

The code of Alabama states as follows as to your comments:

"SECTION 6-5-252 DEMAND FOR STATEMENT OF DEBT AND LAWFUL CHARGES BY PERSON...
View More

View More Answers

1 Answer | Asked in Foreclosure for Texas on
Q: Does an HOA violation survive a foreclosure under Texas law if no lien was filed

There was no fine issued.

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

It depends on the language of the applicable Declarations, deed restrictions, and HOA rules. A lien impresses an obligation, such as a fine, on the property itself and gives a new Buyer notice of that obligation. But that obligation exists notwithstanding the recording of a lien. A fine imposed... View More

1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: Can a tax lien foreclosure affect credit score? Tax liens aren’t reported but what about tax lien foreclosures?

I just found out I am a joint owner of a property that dates back to a previous marriage 30 years ago. Just was served with a lawsuit to take ownership of thr property via proprty tax lien. I have no interest in the property but don’t want to hurt my excellent credit. Not sure if I should... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2024

This is an important question regarding tax lien foreclosures and their potential impact on credit scores. While I can provide some general information, please note that for specific legal advice about your situation, you should consult with a qualified attorney in Arizona who specializes in... View More

1 Answer | Asked in Foreclosure and Probate for Massachusetts on
Q: Looking for any & all legal arguments that the executor of an estate has standing to contest legality of a foreclosure

Named executor thru probate court. Sole heir to the estate. Bank itself has never challenged standing in multiple complaints filed against them (a 3rd party is trying to). Bank seems to have listed me on all correspondence and foreclosure related court filings. Successor in interest form was also... View More

Christopher Tolley
Christopher Tolley
answered on Jun 25, 2024

I would think an executor does have standing to contest a foreclosure but what is the basis of the objection? Did the bank fail to advertise, fail to advertise adequately, fail to hold a public auction, fail to comply with statutes relating to foreclosure, fail to conduct the foreclosure sale... View More

2 Answers | Asked in Foreclosure for California on
Q: Can a lender give you a loan based on a fraudulent credit score?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024

No, a lender cannot legally give you a loan based on a fraudulent credit score in California or anywhere else in the United States. Knowingly using a fraudulent credit score to obtain a loan would be considered loan fraud, which is illegal.

Here are a few key points about loan fraud and...
View More

View More Answers

2 Answers | Asked in Foreclosure for California on
Q: Can a lender give you a loan based on a fraudulent credit score?
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Thank you for your question!

Yes, the lender may rely on a fraudulent credit score during lending. Later, when the interest rates of loans go up, the lender can foreclose borrower's property at a distressed price based on fraud (which has both criminal and civil penalty).

This...
View More

View More Answers

2 Answers | Asked in Foreclosure for California on
Q: Is it legal for an attorney who. Is a defendant in an illegal foreclosure lawsuit who also represents the other defendan

To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Thank you for your question!

As long as the interest of the clients are not adverse to each other, he can represent both of them. The lawyer must reasonably believes that she can represent both clients without conflict of interests. Or else, a written consent is required by each of the...
View More

View More Answers

2 Answers | Asked in Foreclosure for California on
Q: Is it legal for an attorney who. Is a defendant in an illegal foreclosure lawsuit who also represents the other defendan

To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024

Under California law, there are several potential issues with the situation you've described:

1. Conflict of interest: An attorney who is a defendant in a lawsuit related to an allegedly illegal foreclosure should not be representing the other defendants in the same case. This presents...
View More

View More Answers

2 Answers | Asked in Foreclosure and Civil Rights for California on
Q: trustee, before/foreclosere rescided, cancel, withdraw,to default etc the loan is base of fraud how despute loan,

I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 4, 2024

Thank you for your question!

You can talk to the bank about the miscalculation of your loan balance. If there is a dispute about the amount of the balance, you can file a complaint and ask for declaratory judgment in addition to accounting.

I recommend you talk to a foreclosure...
View More

View More Answers

2 Answers | Asked in Foreclosure and Civil Rights for California on
Q: trustee, before/foreclosere rescided, cancel, withdraw,to default etc the loan is base of fraud how despute loan,

I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2024

I understand that you are dealing with a complex and stressful situation regarding your home loan in California. Based on the information provided, it seems that there may have been fraudulent activity or errors made by your loan servicer, leading to incorrect payment history and loan balance. Here... View More

View More Answers

2 Answers | Asked in Foreclosure for California on
Q: what happened why rescinded, did my loan cancel back in 2012? can I suit, should I wait?

before the foreclosure the loan was force to be delinquent is very noticeable where the funds were at times applied, reverse, and them gone, I had no idea about the foreclosure, and I never lost contacted with BofA to the point of I was trick to signed docs and a loan modification was borned, even... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2024

I understand that your situation is complex and frustrating. Based on the information you provided, it seems that there may have been some irregularities or mishandling of your loan by the lender, Bank of America (BofA). Here are a few points to consider:

1. Loan cancellation in 2012: If...
View More

View More Answers

2 Answers | Asked in Foreclosure for California on
Q: what happened why rescinded, did my loan cancel back in 2012? can I suit, should I wait?

before the foreclosure the loan was force to be delinquent is very noticeable where the funds were at times applied, reverse, and them gone, I had no idea about the foreclosure, and I never lost contacted with BofA to the point of I was trick to signed docs and a loan modification was borned, even... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 4, 2024

Thank you for your question!

It seems that a foreclosure was done on your property without any notices, and there were unauthorized withdrawals from your account. An attorney needs to track the bank's conduct to see if there was a wrongful foreclosure.

This is merely a...
View More

View More Answers

2 Answers | Asked in Consumer Law and Foreclosure for California on
Q: What is full settlement authority

In a Civil case must the plaintiff have full settlement authority

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

Full settlement authority means having the power to negotiate and agree to a settlement in a civil case without needing further approval from anyone else. This authority allows a party to make binding decisions about the terms of the settlement during negotiations or mediation.

In...
View More

View More Answers

2 Answers | Asked in Consumer Law and Foreclosure for California on
Q: What is full settlement authority

In a Civil case must the plaintiff have full settlement authority

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 3, 2024

Thank you for your question!

No, there is no such requirement unless the Plaintiff settles on behalf of an organization, another person, etc. This applies to both Plaintiffs and defendants.

This is merely a discussion of general laws and not legal advice. For legal advice, more...
View More

View More Answers

1 Answer | Asked in Foreclosure for Louisiana on
Q: How do I find out where the proceeds from my auctioned off home went?

My home sold for 125,000. at a sheriff's sale on Jan 10th as of Dec 31st my principal balance was 75,000. Bank of America says they only owe me 897.00 How is this possible?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 28, 2024

it is entirely possible----in addition to the principal amount, there's also attorney's fees, costs, interests, the seller's (sheriff's charges), advertising, and others charges/fees so it can get quite expensive. You can contact the Sheriff's office and they should be able... View More

1 Answer | Asked in Foreclosure and Banking for Louisiana on
Q: How can I find out where the proceeds from my house sheriff's sale went?

Principal balance on my house was 75,000. on Dec. 31st it was sold at a sheriff auction on Jan.10th for 125,000. but the bank says there is only 897.00 left after the foreclosure cost. Are foreclosure auction sales that expensive?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 28, 2024

In addition to the principal, there's also attorney's fees, costs, interests, the seller's (sheriff's charges), and others charges/fees so yes, it is quite possible it was that expensive. You can contact the Sheriff's office and they should be able to provide you an itemization.

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: a home preservation promised to have my foreclosure dismissed. Instead I now have 3 days to evict can I get an extension

I have a five-year-old daughter, no license, and the business took the money I had, so moving at this moment is extremely impossible without us losing everything and living on the street

James Clifton
PREMIUM
James Clifton
answered on May 23, 2024

It depends on the type of notice you received. If it is the sheriff's notice that the writ of possession is about to be enforced, it is unlikely you can extend it. If it is a 3 day notice to quit (move out), it is very possible to get an extension. There may also be money owed to you from the... View More

1 Answer | Asked in Foreclosure and Landlord - Tenant for Texas on
Q: Landlord didn’t pay the mortgage and now we’re being evicted. I think she knew and still took my money. What do I do?

I have lease agreement everything. Can I press criminal charges

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2024

You can seek criminal charges against your landlord if you have solid proof. But it is always up to the police and the District Attorney, as to whether or not, the case will be prosecuted.

You can sue the landlord, and the foreclosing bank for possession. If your lease is for more than...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.