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Foreclosure Questions & Answers
1 Answer | Asked in Tax Law, Contracts and Foreclosure for Idaho on
Q: Who is responsible for paying property taxes if someone owns the lot itself and another owns the mobile home on the lot?
Kevin M Rogers
Kevin M Rogers answered on Jul 14, 2020

The owner of the propery that is assessed property tax. No mobile home owner is ever assessed property tax because THAT tax is reserved for the owner of land.

1 Answer | Asked in Foreclosure for Tennessee on
Q: How long does a tennessee resident have to claim excess proceeds on a foreclosed home?
Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

I have always treated that as a 3 year SOL, because you sue for Conversion and Tortious Breach of Fiduciary Duty. A 6 year Contract Breach SOL is doubtful but might be argued.

1 Answer | Asked in Foreclosure for Maryland on
Q: If auction on house been cancelled don’t they have to notify you if they want to auction it off again
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 13, 2020

Yes. Notice of the date of sale must be published in the newspaper for at least 3 weeks.

1 Answer | Asked in Foreclosure for Maryland on
Q: If you didn’t receive a letter in the mail stating that your house is going to auction can they auction it off
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 13, 2020

There are at least 2 different kinds of foreclosures in Maryland, and they have similar but slightly different rules. A house can be foreclosed because the owner didn't pay the mortgage or it can be foreclosed because it went through tax sale.

In either case, a house cannot be...
Read more »

1 Answer | Asked in Foreclosure for Tennessee on
Q: Can a hoa foreclose on my home for not paying monthly fees?
Paul E. Tennison
Paul E. Tennison answered on Jul 8, 2020

That depends on the specific language in the HOA bylaws and other legal documents. I cannot answer this question in your case because I haven't read all the HOA documents that apply. However, I can tell you that in my experience, HOA's can do all sorts of things to homeowners that do not... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: house is in foreclosure, not interested in saving, releasing solar, how can I get out of the lease.

I’m in San Bernardino county

Kenneth H Flood
Kenneth H Flood answered on Jul 6, 2020

declare bankruptcy

1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for Rhode Island on
Q: I just found out I have been paying rent since October to a person who didn't own the house. It was a foreclosure

the people who actually bought the house got the paperwork yesterday and showed up today. What can be done about the rent we have paid so far to the shady person who did this to us

Neville Bedford
Neville Bedford answered on Jul 6, 2020

Report them to the authorities. compliance is mandatory. Retain an attorney if you are served with an eviction complaint.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: i lived in an apt complex for 5 years. NEVER paid a late fee!!!!!no problems at all. mt lease was up april 30,2020. i h

i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

Kenneth V Zichi
Kenneth V Zichi answered on Jul 6, 2020

If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.

Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it...
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1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for South Carolina on
Q: My parents' passed, their house was in foreclosure, house went to me, now I am listed on foreclosure as owner.

My parents died intestate with their home in foreclosure status. I have been told I am not responsible for the loan itself, however, I was served with an Owner for Joiner as Defendant because I am listed on the deed. When I went to inquire about purchasing my home, this came back against me. Is... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You are not legally responsible for the debt. However, if you wish to inherit or retain the property, you will have to pay off that debt.

3 Answers | Asked in Bankruptcy and Foreclosure for Missouri on
Q: I'm a buyer and the seller filed for chapter 7. We were to close, now pending court decision. What are my options?

I am a buyer, went into contract with seller. We were to close but seller's went to court for bankruptcy. Is there anything I can do? What are some options that I can guarantee buying the home?

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You need to hire an attorney to represent you in the bankruptcy case. You can probably still buy the property from the trustee, but the trustee is who you have to deal with from this point forward.

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1 Answer | Asked in Foreclosure for Massachusetts on
Q: Hello! My parents had a reverse mortgage and I'm told an heir can buy the house. Can I negotiate the price?

can I negotiate a price due to the shape it is in? It needs a lot of work. I had it appraised, but it's still too much. Also, who holds the deed to the house. The heirs or the bank. I have seen enter into a deed instead of foreclosure, but I want to buy the house. Any help would be great.... Read more »

Kimberly Winslow
Kimberly Winslow answered on Jun 24, 2020

Typically in a reverse mortgage scenario, the borrower does not Deed the property to the bank. It remains in their name. Deeds are public record, and quickly accessible online. Click on your county and search with name or address.

In most cases, when...
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1 Answer | Asked in Foreclosure for Maryland on
Q: Can they auction off your home without sending out a letter or any type of notification
Mark Oakley
Mark Oakley answered on Jun 24, 2020

No. The statutory and procedural rules all require notice. Your Due Process rights under the federal and state constitutions also require notice and an opportunity to be heard before adverse action is taken against you or your property taken away.

1 Answer | Asked in Foreclosure for Maryland on
Q: Should a home owner get a letter stating when and where they are going to auction your home before they can
Mark Oakley
Mark Oakley answered on Jun 22, 2020

Yes. If you are on the title, you are entitled to notice of all proceedings.

1 Answer | Asked in Civil Litigation, Contracts, Foreclosure and Real Estate Law for Illinois on
Q: Do I have a claim to a joint interest in the home that my father and I share?

In 2013, my mother passed away leaving me as the sole heir to her estate in her will. My father has encountered mortgage trouble, and I have occupied the home alone for one year now. The current mortgage was taken out in 2005 in both of their names, and statements come addressed to her estate.... Read more »

Robert Shipley
Robert Shipley answered on Jun 11, 2020

Based upon your question, although your mother left you her entire estate, it does not appear that estate included an interest in the home. From your description your father is in sole title to the home and therefore the sole owner. If there are issues regarding the mortgage, those must be... Read more »

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: My glass top on stove cracked. Apt complex refuses to fix. Can I refuse rent? Can they evict in Florida now?

I don't have money to fix myself.

The stove won't work at all .

I need to cook for my kids.

I don't see in lease were im liable for this.

If I refuse rent can they evict me now?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 4, 2020

Probably not now--but they might when the Covid-19 virus lets up. Contact a lawyer who handles landlord & tenant cases and take them a copy of your lease.

2 Answers | Asked in Consumer Law, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: What type of attorney specializes/handles mortgage loan modification fraud?

Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.

Derek John Soltis
Derek John Soltis answered on May 27, 2020

Have you appealed the decision? When did you apply? What is your current interest rate?

There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.

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1 Answer | Asked in Foreclosure for Florida on
Q: Why did my mortgage company request an order to release original documents after doing a loan modification?

is this something I should be worried about or is this standard procedure

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

If a foreclosure is called off for some reason, and it appears that such is the case with you, the mortgagee (the mortgage company) rightfully wants to have possession of the original mortgage and note. It will need them if your modified mortgage goes into default and must be foreclosed again. So... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: Does a land patent trump a mortgage holder's position? The patent is several years (12) older than the title conflict.

The land patent was obtained at the same time period as I revested title, "citizen" for "sovereign" when I discovered The United States of America became The United States of America INC. in 1878. DC became an entity and was used as collateral to UNK as collateral for money... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 13, 2020

Assuming the land patent is in your chain of title, If you granted the land as security for the mortgage, then no the mortgage is superior to your personal claim of title as a citizen, etc. If there are two chains of title, then the one with an earlier Warranty Deed is probably superior due to... Read more »

1 Answer | Asked in Foreclosure for Oklahoma on
Q: I owe 1500.00 on my mortgage and the bank has it as write off can they still for close on my house
Richard Winblad
Richard Winblad answered on May 12, 2020

Written off does not mean "not owed". The closing company will likely contact the mortgage company and withhold the sums owed from disbursements.

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: General timeline estimate for settling a foreclosure in court? How many months?

I'm wanting to fight a foreclosure and pay off the mortgage but, without all the added fees because, I feel the bank has grossly mishandled the entire process. It seems to have started when the original lending bank merged into it's parent bank and returned payments that had been made.... Read more »

Cary B. Hall
Cary B. Hall answered on May 8, 2020

As you correctly surmise, things are all out of whack with the court system due to the pandemic and resultant shutdowns. You're going to need to contact the Court of Common Pleas for the county in which your foreclosure case is pending. In Pennsylvania at present, each county is largely... Read more »

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