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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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...
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.
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