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Foreclosure Questions & Answers
Q: in a civil foreclosure proceeding. I am representing myself and am wondering on a couple issues of process.
Terrence H Thorgaard's answer
Yes, you can draft your own motion; you don't have to use a "fill in the blanks" form.
Yes, you can draft your own motion; you don't have to use a "fill in the blanks" form.
Q: What is the redemption time period for a foreclosed home sold in Arizona
Diane L. Drain's answer
First, you want to make sure you are asking the correct question. In Arizona typically a home is sold via a trustee's sale, not a foreclosure. In that case there is no redemption period, but there is a reinstatement period. If the house is sold by a sheriff, after a judicial foreclosure, the the redemption period is 6 months, unless the property is abandoned or used for agricultural purposes. It is best to talk with an experienced foreclosure attorney in order to answer your questions.
First, you want to make sure you are asking the correct question. In Arizona typically a home is sold via a trustee's sale, not a foreclosure. In that case there is no redemption period, but there is a reinstatement period. If the house is sold by a sheriff, after a judicial foreclosure, the the redemption period is 6 months, unless the property is abandoned or used for agricultural purposes. It is best to talk with an experienced foreclosure attorney in order to answer your questions.
Q: Will the bank give me time to fix things
Steve Louis-Charles' answer
If not already, an estate for your mother must be opened up and the bank will need to serve the administrator of the estate to move things along within the courts on the foreclosure case. That should buy you enough time to strategize on how to proceed with retaining the property. I would highly recommend that you see an attorney that deals in both probate and foreclosure matters right away.
If not already, an estate for your mother must be opened up and the bank will need to serve the administrator of the estate to move things along within the courts on the foreclosure case. That should buy you enough time to strategize on how to proceed with retaining the property. I would highly recommend that you see an attorney that deals in both probate and foreclosure matters right away.
Q: I am from FL. Just found out owner of our property was in foreclosure when we signed lease. Didnt he have 2 disclose?
Jonathan A. Klurfeld's answer
There is no law a landlord must disclose an active foreclosure as landlord is still the owner, and landlord may settle the case, get it dismissed, or modify your loan well before your lease is up. Thus no disclosure is required. Landlord cannot evict you during an active lease but if you mean the house is going to auction then you will be evicted by the court regardless.
There is no law a landlord must disclose an active foreclosure as landlord is still the owner, and landlord may settle the case, get it dismissed, or modify your loan well before your lease is up. Thus no disclosure is required. Landlord cannot evict you during an active lease but if you mean the house is going to auction then you will be evicted by the court regardless.
Q: I am from FL. Just found out owner of our property was in foreclosure when we signed lease. Didnt he have 2 disclose?
Jonathan A. Klurfeld's answer
There is no law a landlord must disclose an active foreclosure as landlord is still the owner, and landlord may settle the case, get it dismissed, or modify your loan well before your lease is up. Thus no disclosure is required. Landlord cannot evict you during an active lease but if you mean the house is going to auction then you will be evicted by the court regardless.
There is no law a landlord must disclose an active foreclosure as landlord is still the owner, and landlord may settle the case, get it dismissed, or modify your loan well before your lease is up. Thus no disclosure is required. Landlord cannot evict you during an active lease but if you mean the house is going to auction then you will be evicted by the court regardless.
Q: What happens to a mortgage when the joint tenant(mother) passes away and the surviving joint tenant is her son?
2 Answers
| Asked
in
Foreclosure, Real Estate Law and Probate
for
California
on
Answered on Jun 13, 2018
Answered on Jun 13, 2018
John B. Palley's answer
The mortgage is still attached to the dirt and needs to be paid to avoid foreclosure. You can communicate with the mortgage company if you remind them of a new (in 2017) law California Civil code 2920.7. It allows a successor in interest to communicate with the mortgage company. Possibly they will let you assume the mortgage!? Or possibly you can keep on paying it. In my experience it is rare that a mortgage company calls a mortgage as due and payable but I suppose that's theoretically...
The mortgage is still attached to the dirt and needs to be paid to avoid foreclosure. You can communicate with the mortgage company if you remind them of a new (in 2017) law California Civil code 2920.7. It allows a successor in interest to communicate with the mortgage company. Possibly they will let you assume the mortgage!? Or possibly you can keep on paying it. In my experience it is rare that a mortgage company calls a mortgage as due and payable but I suppose that's theoretically...
Q: Court hearing for Loan modification coming up !
Timothy Denison's answer
Have your new lawyer look at it but you can likely avoid selling your house especially if you can prove your first lawyer had a conflict of interest with your creditors. You may be able to simply dismiss your bankruptcy and foreclose action by your creditors.
Have your new lawyer look at it but you can likely avoid selling your house especially if you can prove your first lawyer had a conflict of interest with your creditors. You may be able to simply dismiss your bankruptcy and foreclose action by your creditors.
Q: In P.R., can a bank foreclosing on a dead mother's home go after the children if they don't want any part of the home?
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Yes the bank can file suit against all the inheritors. However the inheritors can contact the bank and inform them that the inheritors do not accept the inheritance thus they will not be responsible for the note. The bank will then inform you on how to go about resigning the inheritance.
Good evening and thank you for using JUSTIA. Yes the bank can file suit against all the inheritors. However the inheritors can contact the bank and inform them that the inheritors do not accept the inheritance thus they will not be responsible for the note. The bank will then inform you on how to go about resigning the inheritance.
Q: Can a lawyer file a mortgage modification with missing documents to obtain a executor process to seiz property
1 Answer
| Asked
in
Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice
for
Louisiana
on
Answered on Jun 8, 2018
Answered on Jun 8, 2018
Douglas Lee Bryan's answer
If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal Services office.
If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal Services office.
Q: How do I put a lien on my deceased mothers home that is currently in forclosure in NYS. ?
Michael David Siegel's answer
If the house has no equity, you do not get money for the funeral from it. You do not get a lien. If there is equity, sell the house to get the proceeds. You might be able to get a few bucks by doing a short sale to cover these costs if the will is probated.
If the house has no equity, you do not get money for the funeral from it. You do not get a lien. If there is equity, sell the house to get the proceeds. You might be able to get a few bucks by doing a short sale to cover these costs if the will is probated.
Q: Am i safe from being evicted?
2 Answers
| Asked
in
Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant
for
Missouri
on
Answered on Jun 5, 2018
Answered on Jun 5, 2018
Ronald J. Eisenberg's answer
The automatic stay is in effect but you ought to file a suggestion of bankruptcy with the circuit court and notify the opposing attorney.
The automatic stay is in effect but you ought to file a suggestion of bankruptcy with the circuit court and notify the opposing attorney.
Q: Do I need a lawyer to deed my house that my mother left to us ,how do I deed to myself and can I just copy my mom's dee
1 Answer
| Asked
in
Estate Planning, Foreclosure, Real Estate Law and Land Use & Zoning
for
North Carolina
on
Answered on Jun 3, 2018
Answered on Jun 3, 2018
Vincent Gallo's answer
You do not need a lawyer to prepare the deed, or to record it, if you competently know how to do it yourself.
You do not need a lawyer to prepare the deed, or to record it, if you competently know how to do it yourself.
Q: What happens to the liens on your property once everything gets resolved with the lender?
Steve Louis-Charles' answer
Need more information. What liens and what exactly is resolved with the lender?
Need more information. What liens and what exactly is resolved with the lender?
Q: .How long do I have to move out 2 months or 3 months and Why did new owner& realtor give me a notice to move b4 closing
Leonard R. Boyer's answer
You need to retain an experienced mortgage foreclosure attorney/landlord-tenant attorney who can review your lease and the foreclosure documents and explain your rights. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
You need to retain an experienced mortgage foreclosure attorney/landlord-tenant attorney who can review your lease and the foreclosure documents and explain your rights. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
Q: House awarded to wife she failed to assume mortgage house in foreclosure if I pay what is owed can I take house back
Terrence H Thorgaard's answer
It is unclear what you mean by "... she failed to assume mortgage …". Did the divorce decree require her to re-fiancé the mortgage?
But probably not; if you simply pay what is owed without more, she would still have the right to the house. You should ask for a modification of the divorce decree.
It is unclear what you mean by "... she failed to assume mortgage …". Did the divorce decree require her to re-fiancé the mortgage?
But probably not; if you simply pay what is owed without more, she would still have the right to the house. You should ask for a modification of the divorce decree.
Q: my mothers home now has a foreclosure sale date of June 26th. How long from that date do I have to get out.
Michael David Siegel's answer
A few months. However, you can approach the buyer and agree to a move out date. This avoids the buyer having to do an eviction. The sooner you leave, the more you can get in a settlement. Not a lot, but enough to make a deposit on the next thing.
A few months. However, you can approach the buyer and agree to a move out date. This avoids the buyer having to do an eviction. The sooner you leave, the more you can get in a settlement. Not a lot, but enough to make a deposit on the next thing.
Q: I bid and won foreclosed auction property. There are motions for eviction filed, can I get out of this w/out losing $?
John Espinosa's answer
Foreclosure auctions are generally governed by this statute: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section14
When you gave your deposit you would have signed a contract with the auctioneer. That contract determines the specifics. You need to start by having an attorney review that contract to help figure out your options.
Foreclosure auctions are generally governed by this statute: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section14
When you gave your deposit you would have signed a contract with the auctioneer. That contract determines the specifics. You need to start by having an attorney review that contract to help figure out your options.
Q: out of work, am I eligible to file for chapter 13? I was told No is that correct? Ive been sick but can work
2 Answers
| Asked
in
Bankruptcy, Foreclosure and Collections
for
Pennsylvania
on
Answered on May 23, 2018
Answered on May 23, 2018
Stuart Nachbar's answer
To qualify for a chapter 13, pursuant to the statute, you must have regular income. It is a requirement of a chapter 13 that you have a regular steady income.
To qualify for a chapter 13, pursuant to the statute, you must have regular income. It is a requirement of a chapter 13 that you have a regular steady income.
Q: if I file for chapter 13 in Texas (from lack of employment) how can I save my house and automobile, or do I loose them?
Cristina M. Lipan's answer
You probably wouldn't file a chapter 13 if you have no income. House and car may be exempted somewhat in a chapter 7. You need to speak to an attorney about your specific situation, as an answer on how to proceed depends on many factors.
You probably wouldn't file a chapter 13 if you have no income. House and car may be exempted somewhat in a chapter 7. You need to speak to an attorney about your specific situation, as an answer on how to proceed depends on many factors.
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