Your current state is Virginia
We separated two years ago, and part of our agreement was for me to move out, and she'll retain the home, as long as she can maintain the monthly payments. At the time of agreement, I didn't have the resources to do things the RIGHT way and wanted the path of least resistance to just take my loss... Read more »
What you have not confirmed is whether you are on title as well as the loan. If on title, bring a partition action to sell the property by court order, and in turn, pay off the loan. That may also force her to refinance. If there is no equity in the property, there is little you can do, but let... Read more »
You are posting this in Arizona. Try reposting so Idaho attorneys can see it.
PHH mortgage returned my reinstatement payment even though it was made on time. I followed their direction and got in touch with the attorney they had to handle a foreclosure. The Letter from the attorney had a precise and clear instructions that i followed every steps of the way. I wire-transfer... Read more »
The good news is, because of the pandemic, the court system is shut down and it is unlikely a foreclosure will occur in the immediate future. However, this does not solve your problem. I suggest you write the attorney who has been handling this matter and explain the situation clearly as you have... Read more »
What is considered a First Mortgage in the State of Fl?
Is it based by date or satisfaction?
The property in question has 4 Mortgage notes in total ranging from 2001 when the home was purchased to 2005.
The first two mortgages on the property in 01 and 03 both have... Read more »
Mortgages are in the priority of time. So a first mortgage would be first in time. If you have satisfied the original first or second in time mortgage(s) they are are no longer liens on your home and are no longer mortgages. So the next mortgage you put on your home would be considered at this... Read more »
The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .
I’m not really sure if your grandmother is trying to save her one or not. I would need more information I would suggest contacting a Bankruptcy lawyer in Florida where your grandmother lives.
Contract Request: if I understand your question, you need a Purchase Contract (?) for real estate (?) with two buyers, and then a subsequent assignment of that contract (?). We offer Fixed Fee for transactional work of this nature. It would be less than $1000.00. But I'd really need to get a full... Read more »
We are facing foreclosure, so we applied for a modification & our servicer put the proceedings on hold with their attorneys while a a decision is made. Saturday, my online account showed there was a decision made, but the mod Dept says there hasn't been any decision. I contacted the attorney firm... Read more »
With the current pandemic, if your loan is an FHA or FNMA loan, there is an adjournment of foreclosures for 60 days right now. If the virus still lingers, then I speculate that further mortgage foreclosure relief will be coming. Nothing can happen in the foreclosure process and the lender will... Read more »
When a mortgage and note (one document, titled NOTE AND MORTGAGE) is sold, the creditor/lender/noteholder/mortgagee changes, but the debtor/borrower/mortgagor stays the same.
If the debtor/borrower/mortgagor then sells the mortgaged property (the deed to his house), subject to the... Read more »
When a lender assigns a note and mortgage, the debt remains with the borrower even if the property is sold subject to the mortgage.
Also, if the bank will take the house for what's owed to them, can the surviving family take over the debt so that they can keep the house?
The bankruptcy ends when the person who filed dies. The house not having been foreclosed now belongs to who ever inherits the deceased owner's interest in the house subject to other claims by the deceased owners creditors which may or may not require a probate to sort out. Any foreclosure... Read more »
I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »
You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.
Estimated legal fees the estate incurred for the case between $75K and $100K.
$30K were paid to creditors per probate case public information.
Estate owes Co-op $19K. Representative claims to have no money left. In conversation, representative hinted to "other parties" and... Read more »
If you are a member of the co-op you are probably entitled to a full accounting of all of the settlement details.
Foreclosure notice on the door do we have to pay rent? Is it a fraudulent lease since he didn’t tell us the house was in foreclosure? And is it true that the law change that you only have to pay one month security?
The whole thing may be a fraud. The "landlord" may not even own the house. If you paid already, you might call the police.
The current bank has no record of the title. Dmv states that there is a lean against it. She has agreed that I have the trailer. Can I file for abandoned property
In 35 years of practice, I've never seen this issue. Interesting. Plainly, you need to file some equivalent action to a Quiet Title action, and you'd probably name that a Complaint for Declaratory Judgment. But, I'd need to hit the library as to how to clear title to a residential trailer. I though... Read more »
2 bathrooms 95% complete (punchlist, barn doors and faucets left). Materials were not in yet (this was the 2nd or 3rd time we were waiting on her), but temps were installed. Left job for 2 weeks due to previously scheduled out-of-town job. Client fired us and refuses to pay for the 2nd bathroom or... Read more »
"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.
Here's a link to the CA Jury Instruction, and all kinds... Read more »
This is in Alabama.....We built our house on some land that we were supposed to be buying. After a fall out with the in laws they won’t sell it. Our house is sitting 5ft over on their property. If we can’t get some form of agreement to buy a portion or an easement can we foreclose on the house?
Without knowing the facts of your case in detail it is difficult to provide you with direction. But anyone can choose to foreclose on a home. That doesn’t mean it won’t come result in repercussions though. -Homer P. Jordan IV, Esq. 404-620-1558
My ex wife doesn't have a foreclose on her record but I do and according to the background check she and I were not divorced when the foreclosure took place. She did something but I'm not savvy enough to figure it out. I know the attorneys info and everything from the check. I can't get credit etc... Read more »
I’m sorry to hear this has happened to you. If you have not been a part of a foreclosure you should contact the reporting credit agency and dispute that being on your credit report. They should take steps to investigate the accusation and you can go from there, depending on what their findings... Read more »
Is that a form of self help eviction? What can I do about willful diminution of services?
Neither DC nor Maryland allow self-help. Turning off the electricity is likely to be wrongful eviction. You should seek out a lawyer or, if you cannot afford one, find a local Landlord-Tenant legal clinic or Kefal Services office.
shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."
There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan 10,... Read more »
Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt... Read more »
The application is on a DJ docket number so the case has been closed. How can I resolve this matter best, as I cannot afford to lose my wages or afford $158,000?
if you already have a wage garnishment against you, bankruptcy would likely be the most viable option to wipe out the debt and remove the garnishment. schedule a free consultation with bankruptcy attorney to discuss your options. most of us bankruptcy attorneys offer free consultations and flexible... Read more »
8 years after my 2nd mortgage forclosed I found out the frst mortgage loan which was an fha, is still in my name. The loan is active and payments have been made by someone without my knowledge for 8 years. My name is listed on the contact information but the contact adddress and phone is that of... Read more »
This happens all the time. The first loan has not been paid off, therefore there is still debt owing - by you. If this is Arizona property, under 2 1/2 acres, then lender can foreclose if the loan is not paid, but they cannot sue you. That is the good news. The bad news is that you still have a... Read 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.
