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2 Answers | Asked in Banking, Foreclosure and Real Estate Law for Georgia on
Q: Can I lose my house due to line of credit payment issues?

I've been having difficulties making payments on a line of credit and have received notices regarding the potential loss of my house. I'm unsure if this line of credit is secured by my house. I've spoken to my lender about these payment difficulties. Can I lose my house over this situation?

James Clifton
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James Clifton
answered on Jun 17, 2025

Yes, if the line of credit is secured by a security deed on the house, the lender can foreclose on your property for nonpayment on the line of credit. However, even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, modification, or... View More

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2 Answers | Asked in Banking, Foreclosure and Real Estate Law for Georgia on
Q: Can I lose my house due to line of credit payment issues?

I've been having difficulties making payments on a line of credit and have received notices regarding the potential loss of my house. I'm unsure if this line of credit is secured by my house. I've spoken to my lender about these payment difficulties. Can I lose my house over this situation?

Anthony M. Avery
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answered on Jun 17, 2025

If no security instrument exists, then the lender can still sue you on the debt. If the lender gets a judgment, he can file a lien and execute upon your property to satisfy it.

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2 Answers | Asked in Divorce, Family Law, Foreclosure, Public Benefits and Real Estate Law for Texas on
Q: How can I apply for ex-husband's retirement benefits in TX after overlooked in divorce?

I was married to my ex-husband for 24 years, and our divorce decree does not mention anything about his retirement from the Judson School District. At the time of the divorce, I was dealing with an RA diagnosis and the proceedings, during which I claimed he was abusive. He was supposed to pay house... View More

John Herbig
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answered on Jun 13, 2025

That question is a bit difficult to answer without knowing all the facts as it relates to the Final Decree, Mediation, court proceedings, and what discovery was done.

If the retirement wasn't mentioned anywhere, then you can claim that it was an undisclosed and undivided asset that...
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3 Answers | Asked in Foreclosure, Divorce, Domestic Violence, Real Estate Law and Family Law for Texas on
Q: Need legal help to negotiate mortgage payment to avoid foreclosure

I'm facing foreclosure on my home, and although it has been temporarily stopped, I owe $13,520 by June 30, 2025. I can only afford to pay $10,000 by that date. My home is valued at $210,000, and I owe $70,000 on the mortgage. The mortgage company will not accept anything less than the full... View More

James Clifton
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James Clifton
answered on Jun 11, 2025

Even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, modification, or forbearance. A repayment plan lets you make payments over time. A modification changes the terms of the loan to something you can afford. A forbearance stops the... View More

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2 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Q: How does foreclosure affect me if I'm on the deed but not the loan?

I am on the deed to my daughter's house in Maryland, but I am not on the loan. The house is in the process of foreclosure, with a letter of intent to foreclose received on 05/25. There are no other individuals on the deed. I am concerned about whether this foreclosure could impact my credit.... View More

Anthony M. Avery
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answered on Jun 5, 2025

It is possible that the lender might report a parcel you own has been foreclosed upon, which is going to be true. However if you did not sign a note or a deed of trust, then you did not borrow money from the lender and owe them nothing. If your credit report says anything about a delinquency on... View More

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3 Answers | Asked in Foreclosure, Bankruptcy, Business Law and Real Estate Law for Pennsylvania on
Q: Facing foreclosure due to missed payments and denied loan modification; seeking options beyond short sale.

I experienced a loss of income in December 2024 and couldn't pay my mortgage. I initially applied for a loan modification and was approved. My uncle, who was helping me with my bills, passed away in September. Due to stress and depression, I missed work in January and February, and... View More

Dauna Kaye McPherson
Dauna Kaye McPherson
answered on Jun 3, 2025

Based on your situation, you still have several potential legal avenues to explore before foreclosure becomes final. Here's how a foreclosure defense or bankruptcy attorney may be able to help:

1. Foreclosure Defense

Even though your loan has been referred to the lender’s...
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2 Answers | Asked in Foreclosure and Real Estate Law for Texas on
Q: Can I get an extension for foreclosure sale date when I have the property in escrow with a buyer?

My property is scheduled for a for Social sale on June 3. But I have the property in escrow with a new buyer. Is there a way that we can get an extension until after the sale of the property?

John Michael Frick
John Michael Frick
answered on May 30, 2025

If you and the lender who is doing the foreclosure sale agree, you can obtain an extension.

If not, you would need to retain an attorney to obtain a TRO. Likely cost will be $25,000 and you need to hire an attorney today to do it by Tuesday.

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3 Answers | Asked in Foreclosure, Animal / Dog Law, Civil Rights, Civil Litigation and Real Estate Law for Florida on
Q: Animal control took my horses during foreclosure without abuse allegations. How do I retrieve them and hold people accountable?

My house was foreclosed, and we were given ten minutes to leave the premises. Animal control took our valuable horses, claiming it was necessary because we couldn't move them ourselves, despite us having the means to do so with some additional time for arrangements. The sheriff threatened me... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 12, 2025

I'm sorry you had that experience and I understand how difficult it is to relocate horses on short notice.

Technically, the horses were not stolen and were likely considered abandoned just like any other personal property left on the premises. The sheriff has to post a 24-hour notice...
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3 Answers | Asked in Probate, Foreclosure, Civil Litigation and Real Estate Law for Michigan on
Q: Can I sue my brother for theft or wrongdoing in managing my mother's estate without a will in Michigan?

My mother passed away in September 2023, leaving no will. I believed my older brother was managing her affairs, but I recently discovered he took everything from her house and accounts. Now, a foreclosure company has contacted me about my mother's house, which is facing foreclosure. I... View More

David Soble
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David Soble
answered on May 12, 2025

You will need to support your contentions. If there was no will and he was n't appointed as a personal representative by the court, your options are limited. You would need to prove he did not have rights to the property. The best case is to become the personal representative of your... View More

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3 Answers | Asked in Probate, Foreclosure, Civil Litigation and Real Estate Law for Michigan on
Q: Can I sue my brother for theft or wrongdoing in managing my mother's estate without a will in Michigan?

My mother passed away in September 2023, leaving no will. I believed my older brother was managing her affairs, but I recently discovered he took everything from her house and accounts. Now, a foreclosure company has contacted me about my mother's house, which is facing foreclosure. I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 13, 2025

I agree with Mr Soble but I would add that CAN you sue is a very different question than SHOULD you sue.

People get confused about this a lot, and the short answer is almost always 'yes you can sue, but you probably shouldn't' SOMETIMES you cannot sue, and sometimes it is a...
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2 Answers | Asked in Real Estate Law and Foreclosure for California on
Q: Lender denied loan modification, claiming residential property as commercial in Alameda County. What should I do?

I own a property in Alameda County recorded as residential in the county records, but my lender classifies it as commercial, denying my loan modification application. I spoke with their representative, who insisted on the commercial classification despite my attempts to show the residential status... View More

James Clifton
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James Clifton
answered on May 10, 2025

You should continue communicating with your lender. Even if your lender has previously denied you, there are many alternatives to foreclosure that a lawyer may help you achieve including a repayment plan, modification, or forbearance.

As a last resort, you can explore bankruptcy, sale of...
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2 Answers | Asked in Criminal Law, Foreclosure, Contracts, White Collar Crime and Real Estate Law for Texas on
Q: Ex-wife forged HUD loan signature, causing foreclosure risk post-divorce. What are my legal options?

I discovered on May 2, 2025, that my ex-wife forged my signature on a HUD loan after our separation. As a result, I can't sell the home unless I come up with $26,000, and it's now going into foreclosure. I took the home in our recent divorce, unaware of the loan. I haven't reported... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

You can file a declaratory judgment suit seeking a declaration that you are not legally obligated to repay the HUD loan because your signature on the loan documents are a forgery and you did not know about or participate in the loan, having discovered the loan only after your recent divorce, and... View More

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2 Answers | Asked in Foreclosure, Landlord - Tenant and Real Estate Law for Michigan on
Q: Understanding Michigan eviction law after foreclosure and canceled writ.

I am a tenant in Michigan whose home went into foreclosure. The bank issued a writ of eviction, but later canceled the eviction process. I'm trying to understand the implications of this situation regarding Michigan’s eviction laws under MCL 600.5701 to 600.5750. Specifically, what does the... View More

David Soble
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David Soble
answered on May 6, 2025

If the bank or lender is the successful bidder at the sheriff sale and the redemption period expires, they can then file for an eviction against all occupants in the property. If they obtain a judgment, they can ask for a writ to be issued and must do the eviction within 56 days. Otherwise, they... View More

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5 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New York on
Q: When to file Chapter 13 to stop foreclosure after 120 days nonpayment?

I have missed 120 days of mortgage payments, and my loan modification was denied on 4/28. I have not received a formal foreclosure notice yet, and I'm considering filing for Chapter 13 bankruptcy as I have no other options. How soon should I file to stop the foreclosure process? Also, I am not... View More

Howard E. Knispel
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Howard E. Knispel
answered on May 3, 2025

If you have not been served with a summons for foreclosure you still have some time. Before a mortgage company can sell you property in foreclosure they use start a foreclosure suit. At that point you should start a bankruptcy. But be aware that a Chapter 13 is a payment plan. Assuming you want to... View More

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5 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New York on
Q: When to file Chapter 13 to stop foreclosure after 120 days nonpayment?

I have missed 120 days of mortgage payments, and my loan modification was denied on 4/28. I have not received a formal foreclosure notice yet, and I'm considering filing for Chapter 13 bankruptcy as I have no other options. How soon should I file to stop the foreclosure process? Also, I am not... View More

Michael O'Leary
Michael O'Leary
answered on May 3, 2025

While there are no immediate time pressures that would necessitate an ASAP filing, remember that each month your case does not get filed you are another month behind in your mortgage payments, which would slightly increase the "bare bones" minimum monthly Plan payment amount needed for... View More

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3 Answers | Asked in Family Law, Foreclosure, Probate and Real Estate Law for California on
Q: Options when living in a deceased parent's house facing foreclosure and sibling sale issues

I have lived with my Dad since 2011, and he passed away in 2014. I have been making mortgage payments since 2017 until November 2024, when my sister put the house up for sale. She is on the deed with my dad since 2010, but there is no written will. Now, the house is in default with several letters... View More

Howard E. Kane
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Howard E. Kane
answered on Apr 24, 2025

I'm sorry to hear about the situation. Has a Petition for Probate been filed? If not, the property most likely cannot be sold since a representative of your father's estate must be appointed to sign transfer documents to the new owner. In addition, as a beneficiary, you must be given... View More

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3 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for Maryland on
Q: Am I responsible for the mortgage if I redeem a foreclosed property with a purchased tax lien?

If I purchased a tax lien certificate on a property in Maryland and the owner allows the home to go into foreclosure, will I be responsible for the mortgage if I decide to redeem the property? There are no other liens on the property.

Mark Oakley
Mark Oakley
answered on Apr 25, 2025

You will not be personally liable on the mortgage, but the mortgage still has to be paid or the lender can foreclose, sell the property at auction, and the first proceeds received will be applied to your tax lien interest because it has priority over the mortgage balance due. I cannot answer as to... View More

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3 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for Maryland on
Q: Am I responsible for the mortgage if I redeem a foreclosed property with a purchased tax lien?

If I purchased a tax lien certificate on a property in Maryland and the owner allows the home to go into foreclosure, will I be responsible for the mortgage if I decide to redeem the property? There are no other liens on the property.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 22, 2025

Liens have different "priority" depending on the circumstances and what you're asking is basically a question of priority. Tax liens generally have priority IF all proper procedures are followed in the tax sale foreclosure case. However, merely purchasing at tax sale in Maryland... View More

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3 Answers | Asked in Probate, Foreclosure and Real Estate Law for Michigan on
Q: Should I proceed with probate to sell a foreclosed property in my mother's estate?

I'm going through probate to acquire my late mother's estate, which includes a property currently in foreclosure. There are no other assets. I want to proceed so I can sell the property. The foreclosure process hasn't been completed yet, and my timeline is to complete everything in... View More

David Soble
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David Soble
answered on Apr 22, 2025

With proper authority from the court, you should proceed with the marketing and sale of the property during the redemption period. More importantly, you should contact the lender or the lender's attorney to advise them of the probate. Depending on the equity position as well as whether the... View More

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3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Florida on
Q: Will I be allowed to stay in my home during bankruptcy proceedings?

I am considering filing for bankruptcy following the death of my husband. I have not yet started the process, and I am one payment behind on my mortgage for a mobile home on leased land. I cannot afford my home or car and have credit card debts as well. I am unsure which type of bankruptcy to file.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 16, 2025

I'm sorry for your loss.

There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys...
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