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Foreclosure Questions & Answers
2 Answers | Asked in Foreclosure for New Jersey on
Q: I am in NJ and I have an Estate Sale Company. I have a new client who is in forclosure and wants me to sell their poss

-essions including all light fixtures and builtin appliances. Is this legal and can I be sued by the bank for acting as an agent?

Derek John Soltis
Derek John Soltis answered on Dec 12, 2019

The thinking normally goes that until the house is actually foreclosed, the owners own the home. However, that is flawed. When someone strips the home, like you are suggesting, they can get in trouble. Many banks submit an insurance claim to the existing insurance company to cover any damage and... Read more »

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1 Answer | Asked in Bankruptcy and Foreclosure for Washington DC on
Q: Can the plaintiff's reopen a foreclosure civil case after summary judgment

This is after the case was closed and after the defendant is filed a 7 bankruptcy. DC, the plaintiff has requested a 60-day continuance

Timothy Denison
Timothy Denison answered on Dec 11, 2019

If the defendant has filed bankruptcy and listed that debt, all action on it is stayed unless relief is given by the court.

1 Answer | Asked in Foreclosure for Florida on
Q: In Florida,when a house is foreclosed on and there are 3 children involved,can they be evicted?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 11, 2019

Yes. The fact that minor children live in the house has absolutely nothing to do with it.

1 Answer | Asked in Divorce, Foreclosure and Real Estate Law for Massachusetts on
Q: My ex wife’s mortgage is in my name, if she stops paying the mortgage will it hurt my credit?

She’s responsible for all costs associated with the home per the divorce decree. I have a perfect credit score and I really don’t want this to screw things up. She hasn’t paid it in 2 months. I’m really not sure how to go about this.

Timothy E. Angley
Timothy E. Angley answered on Dec 10, 2019

Short answer: Yes, it will hurt your credit. If your name is on the mortgage and it is being reported to the credit agencies, then as soon as that mortgage is reported as late that will be a ding on your credit. You can dispute your responsibility for the expenses with the agencies, but until... Read more »

1 Answer | Asked in Foreclosure for Michigan on
Q: We live in Michigan and have a question about foreclosure.

We were notified about default/intent to foreclose. Notice was published in paper with sale date for March 2019. We applied for modification and during this sale was postponed until May 16th. Foreclosure proceeding were stopped while reviewing but we were denied. We appealed denial. Were they... Read more »

David Soble
David Soble answered on Dec 9, 2019

The lender's attorney only has to file an adjournment of the sale with the County. They do not have to restart the publication from the beginning. Based upon your narrative, it seems that the attorney continued with a weekly adjournment of the sale while your appeal was pending.

1 Answer | Asked in Foreclosure for Florida on
Q: Grandparents house in foreclosure, reverse mortgage, lender says they didnt have insurance but i have proof they did

i have proof of insurance during the time they say they didnt have insurance, and have emails from them, saying everything was up to date and good to go.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

If the mortgage is being foreclosed simply because the bank claims that the required insurance wasn't current, your grandparents might want to prove that as a defense.

1 Answer | Asked in Foreclosure and Legal Malpractice for Illinois on
Q: My home was foreclosed on and taking all the way to a default motion.This was done off a piggybacked summons 2-619.3.
Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

I am not sure I understand this question to be able to provide an answer. In terms of foreclosure, if there is no timely answer to the complaint, a Plaintiff may move for "default". This typically addresses the issue of whether the Plaintiff has a right to foreclose. After that, there is an... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: Do I have to give defendants in a civil action a 20 day notice of a subpoena to produce documents?

I am the plaintiff in a ejectment action. I served , by certified mail, a subpoena to my tenants ( Defendants ) to produce documents. Their Attorney filed a motion to quash subpoena because I didn’t give them 20 day notice.

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Mark Scoblionko
Mark Scoblionko answered on Nov 28, 2019

A subpoena would ordinarily be used to require a non-party to appear for a deposition or produce documents. It is not used to request another party to appear or produce documents. Your lawyer can serve the defendants with a Request for Production or a Notice of Deposition, as the case may be.... Read more »

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2 Answers | Asked in Foreclosure, Real Estate Law, Tax Law and Municipal Law for Wisconsin on
Q: What would total be on property tax bill w/interest for 8 yrs. on 11hundred a yr not paid (1% mo 12% yr) Vernon Cty, WI

If I hadn't been able to pay my property taxes for 8 yrs (and assuming they haven't foreclosed), at $1,100 a yr, what would the total bill be at the end of 8 years, with interest at 1% a month and 12% a year, in Vernon County WI.?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 24, 2019

calculator.com

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1 Answer | Asked in Foreclosure for New Jersey on
Q: My Jersey City condo was foreclosed on and there were excess funds I would like to access. How do I start that process?

The bank foreclosed earlier this year. I was not involved at all. I had long vacated the property and was not healthy enough to follow-up with anything. The condo sold for more than the mortgage balance so there are funds that should be returned to me after their fees, etc. How do I start this... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 22, 2019

You really need to retain an experienced New Jersey mortgage foreclosure defense attorney, so the attorney can obtain an accounting and the surplus funds that you are entitled to. This is not something that you can do on your own.

1 Answer | Asked in Foreclosure for New Jersey on
Q: Can a court award a quit claim without the grantor present?

My girlfriend is separated from her husband. The house mortgage is solely in his name, but they are both on the deed. He has defaulted on the mortgage and the lender has already started the foreclosure process. My girlfriend showed up to the first court appearance and told the lender that she would... Read more »

Derek John Soltis
Derek John Soltis answered on Nov 19, 2019

I am sorry to hear about your girlfriend's situation.

You need to have her talk to an attorney. There are too many things that are happening in the foreclosure to tell you to tell her what she needs to do. She needs legal advice based on her situation.

There are many factors...
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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: how to pay judgment and notify court Paid in full with a bond,
Michael David Siegel
Michael David Siegel answered on Nov 14, 2019

You need to file the bond with the clerk. There is a fee. The judgment will be stayed until the appeal is over.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Florida on
Q: Is a person who now owns a mortgaged home via JTWROS now exposed to a lawsuit by the lender if unable to pay payments?

Scenario: In Florida, Person A secures a mortgage and purchases a home and some time later adds Person B as a Joint Tenant w/ Right of Survivorship. Five years into a thirty year mortgage, Person A dies. As the ownership of the property transfers over to Person B, they are unable to cover the... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Nov 12, 2019

Yes the person added to the deed would be named as a Defendant since they have an interest in the property being foreclosed. They would not however be responsible for paying any part of the mortgage obligation since they did not agree to the same. As a general rule this would also affect person... Read more »

3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Oregon on
Q: Is probate required in Oregon to take ownership of my deceased mother's house before it is foreclosed on?

When my mother passed away without a will, she was in bankruptcy and trying to avoid foreclosure. The bankruptcy has just been discharged, but the house wasn't in it so it is still subject to foreclosure. I want to keep the house & assume the loan, and have submitted documents establishing my... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 10, 2019

Once a mortgage is delinquent all sorts of additional charges get added on including Attorney's Fees and usually the only way to save the property is to pay all the past due amounts in one sum. If you don't have money to hire an attorney you probably don't have money to catch up the mortgage. You... Read more »

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1 Answer | Asked in Foreclosure for Ohio on
Q: Y would Mission Capital Advisors be doing a deed for homeowner in foreclosure that is listed for sale now Worked it out

house has been listed for sheriff sale 3 times, have filed 2 times, 7 1st then a 13 that was denied conformation. Now I see they are cleaning up things etc. Recorders office shows the mortgage transferred to Wilmington Trust NA, TR. It is a corporate assignment of mortgage document that looks like... Read more »

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

Maybe. Before a Confirmation of Sale homeowners have a lot of options to save their home. Banks also often assign troubled loans, even while the foreclosure is going on.

1 Answer | Asked in Foreclosure for Ohio on
Q: I'm co-executor of my mom's will, she had a reverse mortgage. They have started foreclosure. Am I liable for anything?

Paperwork has been sent to myself and my brother. He claims we have 28 days to sell the real estate, an auction is set for Nov 6.

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

You will not be liable as far as your credit goes, they have to provide notices to the heirs in the event you'd like to buy the house or work something else out.

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: The hoa foreclosed and sold my house for non payment of dues and evicted me. Now they are renting it out. Legal?

I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding

Elaine Shay
Elaine Shay answered on Oct 29, 2019

It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully... Read more »

1 Answer | Asked in Foreclosure for New York on
Q: Is it bank can open foreclosure case without signed affidavit from (client) bank employee ?

Bank open a foreclosure case with out client(bank) Signed affidavit .

If no affidavid shouldn’t open this case or

Shouldn’t started ? Am I wrong ?

How it’s work ? Thank you

Elaine Shay
Elaine Shay answered on Oct 29, 2019

Like other litigations, foreclosure cases are commenced by service of a summons and complaint not be service of an affidavit.

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Q: I am a tenant, home in process of foreclosur lease agreement still effective from previous landlord what are my rights?
Michael David Siegel
Michael David Siegel answered on Oct 29, 2019

You cannot be evicted. Make sure you have a copy of your lease to show the buyer at the sale.

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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for California on
Q: Can my roommate sue me if I pack up and leave and refuse to pay rent?

My roommate for the past 3.5 months has been harassing me, and refuses to release me from the lease. She stands outside my room when I am home, pushes my door open, enters my room without permission when I am away ( I have footage), tells me I can no longer use her furniture (couch, table, trash... Read more »

William Earl Winfield
William Earl Winfield answered on Oct 29, 2019

Yes, your roommate (co-signer on the lease) could sue you for breaching your obligations under the lease. You would have a defense that your co-signer made it impossible for you to stay. You might win. Whoever wins may recover attorney's fees. It would be in everyone's best interest to make a... Read more »

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