Elaine Shay's answer According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from the property until the auction unless a receiver or other type of order impacting rent collections had been entered.
D. Nathan Davis' answer The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan.
Of course, in any foreclosure, the lender will first have to sell the property and only if there is money still owing after the real property is sold will the issue of liability for any portion of the debt be established.
A foreclosure lawsuit is when there is a mortgage on a home, and the creditor files a suit against the homeowner, arguing that the homeowner has not paid the mortgage, and the creditor seeks to repossess the home.
You are talking about a "replevin" and an "order of delivery." That's different from a foreclosure. A "replevin" lawsuit occurs when someone claims that you have items that belong to him, and files suit against you,...
Terrence H Thorgaard's answer I assume it's a tax foreclosure rather than a mortgage foreclosure. In any event, it depends upon the terms of your lease if you have one. If you still have, pursuant to the terms of the lease (or at-will tenancy), the right to occupy the premises when the foreclosure is complete and the landlord looses title, you could sue the landlord for breach of contract.
W. J. Winterstein Jr.'s answer Depending upon the remaining amount of your mortgage arrearages (missed payments plus late charges and accrued interest), yes, there are alternative ways to stop, or suspend, the "pre closure process".
I assume you have received a letter notice of intent to foreclose, but you don't specify the date of the letter, or whether you were given thirty days to cure the default. The letter should specify the amount of the default.
Most mortgage lenders have "help" departments, and...
D. Nathan Davis' answer First, since your check never cleared it would appear that the check was not received. Simply putting a check in the mail is not enough when you are behind this much on your mortgage. You needed to call the lender and make sure that money was received. You also needed to make sure that you sent the correct amount.
You have been served with and Summons and Complaint. You need to answer the complaint within 30 days of when you received the complaint. If you fail to respond, you will...
Michael Hales' answer In Florida, the answer is yes. Under most association bylaws, the revenue generated from the sale will likely go to the homeowners' association. Let me know if you have any follow up questions.
Adam Savett's answer You can check the registration status of your lender through NMLS (the Nationwide Multistate Licensing System / Nationwide Mortgage Licensing System and Registry). They maintain a consumer oriented website, here:
Note that not all types of lenders need the same types of licenses.
You may want to contact the Montgomery County Office of Consumer Protection (OCP), as they are the agency responsible for enforcing consumer protection laws in...
Brent T. Geers' answer The FBI is a federal agency tasked with investigating and enforcing federal laws. Under our system of government, states are sovereign and can make, enforce, and investigate their own laws. The FBI has nothing to do with state law enforcement unless something becomes a federal issue.
Greg Freeze's answer Here is a likely scenario of events. You were served, somehow, with the Summons and Complaint. How you got served can vary. You can find out how the bank's attorneys said you got served by looking at the court paperwork, found at the court in the county where the property resides.
You could have been served in person, by someone serving in person at what was registered as your residence, or if you were extremely difficult to find, by publication in the newspaper.
Richard Sternberg's answer If the notary is applying for the loan, he cannot notarize his own signature. Almost all settlement agents are notaries. And, notaries can of course be a witness. That’s pretty much what a notary is: a witness to the authenticity of a signature. Maryland Law does require deeds and deeds of trust to be prepared under the supervision of a lawyer, but there is a loophole that you could sail a battleship through. If you doubt the enforceability of your deed of trust, you can ask a Maryland lawyer...
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