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Foreclosure Questions & Answers
2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New Jersey on
Q: My grandmother died with a reverse mortgage on her house with no co-borrowers. How soon can the lender take the house?

Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 14, 2021

My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.

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1 Answer | Asked in Foreclosure for North Carolina on
Q: Realtor wants to buy deceased mother’s house before foreclosure and split profits. Is this a scam?

My mother passed and her husband, though separated, is considered next of kin since she didn’t have a will. He neglected to open her estate. The hearing for foreclosure was 2 weeks ago. Ever since this realtor has been calling wanting to buy her house and split profits between himself, moms... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 13, 2021

You are the next of kin with regard to real estate. If you die without a will in NC and you are married and have a child: you spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Paying off mortgage loan when in danger if an IRS lien

My father's house is going into foreclosure in August due to unpaid property taxes and mortgage loan. He also has IRS and medical debts. If the house was transferred to my name and the house related debts were paid paid, could a lien still be put on the house for his other debts?

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Depends on his agreement with the IRS. You should run this by an accountant, but if the house is transferred they can't put a lien on something he doesn't own.

1 Answer | Asked in Foreclosure for Maine on
Q: What does a non-profit road association who have liens on a property if they receive notice of a lawsuit from the bank

Federal Home Loan Mort. Corp.

Fred Bopp III
Fred Bopp III answered on Jun 3, 2021

You have not provided enough information for me to respond with a complete answer. For example, did the non-profit road association place liens on the property after the bank’s mortgage was already in place on the property? If so, then it sounds like the non-profit road association is a party in... Read more »

1 Answer | Asked in Foreclosure on
Q: How would I obtain foreclosure sale information/auction sale/sheriff sale document for a foreclosed home in June 2016?

My ex husband and I filed bankruptcy in 2016. It was discharged in August of 2016. The foreclosure sale on our house was in June of 2016, I believe June 22. How do I obtain the records of this sale? I need them as I am trying to buy a home now and have been pre-approved, underwriting has initially... Read more »

Anna L Self
Anna L Self answered on Jun 3, 2021

The documents should be on file with the Court Clerk of Iredell County. Call them and they can tell you if the documents are online or if you have to go in person to obtain copies.

1 Answer | Asked in Foreclosure and Personal Injury for Tennessee on
Q: Can I still sue after a year of an injury that's gonna last the rest of my life?

3 officers slammed me down in the yard of the home we Were evicted from. While 2 put there knees in my back one reached around them and grabbed me by the back of my neck, squzz and just held as tightly as he could as if trying to strangle me from behind now my neck aches a lot it pops n creeks and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

Looks to me like the statute of limitations in Tennessee is one year. If it is over a year you can't proceed. Contact attorneys who handle "police misconduct." You need exact dates.

1 Answer | Asked in Foreclosure and Divorce for North Carolina on
Q: House is headed for foreclosure and wife won’t speak to me. How can I sell house to avoid losing $$

She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 25, 2021

It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable... Read more »

1 Answer | Asked in Contracts, Foreclosure, Immigration Law and Real Estate Law for Pennsylvania on
Q: If the recorded information on a deed is completely false do a agreement based on it stand?

If the information on a property deed is false can a agreement be made based from it

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

The agreement refers to the deed. If the deed does not accurately describe things then you may have a claim with the title insurnace company or others. I suggest you review this with an attorney who handles real estate matters.

1 Answer | Asked in Foreclosure and Family Law for Ohio on
Q: foreclosure notice Ohio help

We received a foreclosure notice for our house. The house has late payment for nearly a year. The house mortgage and deed is in my dad’s name. My dad traveled out of the US in Feb-2020 and he has a police warrant so he probably not coming back. My mom and two young brothers living in the house... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 24, 2021

They can continue to make payments. The bank doesn't care where the money comes from.

As to transferring the property the easiest way would be to obtain a divorce from your dad and take the house in the divorce subject to obtaining a refinance of the mortgage.

Call the attorney...
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2 Answers | Asked in Criminal Law, Foreclosure and Elder Law for Pennsylvania on
Q: My 71 yr old father is facing forclosure due to a scam.

My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 19, 2021

If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work... Read more »

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2 Answers | Asked in Foreclosure and Trademark for Florida on
Q: is this case with california club explaining a foreclosure or failure to pay for a trademark?

i am trying to find out if this company is still in business, because i recently thrifted one of their dresses and wanted to find out more about the company.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 16, 2021

Consult with an attorney, you can write to them, look them online and check with the secretary of state to see if they are still active as a business.

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2 Answers | Asked in Estate Planning and Foreclosure for Pennsylvania on
Q: I was in a bad relationship and had to leave my home. I own the house in Dallas Texas and live in Somerset PA.

How can I sell the house I was forced to leave in Dallas, Texas and /or get my x, who is still living in the house, to sign a rental contract so I am not forced to pay the mortgage for the house? He claims there is already a tenant / landlord contract signed. I don't remember signing one.... Read more »

Mark Scoblionko
Mark Scoblionko answered on May 10, 2021

Although you need to speak with a Texas lawyer, as a general proposition, if you are the sole person on the deed, you have the right to sell it. However, if there is, in fact, a written lease, any sale would have to honor the terms of that lease. Therefore, as a practical matter, you better find... Read more »

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1 Answer | Asked in Foreclosure and Landlord - Tenant for Wisconsin on
Q: I own a house with 7.4 acres. It just went into foreclosure. They gave me 6 months to pay 13,000 . Can I sell 3 acres?

I didn’t borrow this money.. My aunt and uncle did back in 2006 at 14% interest..He has passed.. I am the sole owner on the deed.I missed some payments..And instead of going after the borrower..The bank listed me as responsible for the loan and put my House into foreclosure.She was not even... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 8, 2021

You really need to retain an experienced WI mortgage foreclosure defense and bankruptcy attorney. Selling acreage may or may not be the best option. This is not legal advice, merely ideas and suggestions to discuss with a licensed WI attorney. Good luck.

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: May I change the locks on a home I own that has been for the most part abandoned? Please see additional info below:

Home was purchased at a foreclosure (judicial) sale in Illinois. I have a order of possession from the original foreclosure proceedings. Evictions have been postponed due to pandemic. Home has water shut off. Prior owner lives somewhere else, but still has keys. Prior owner occasionally visits... Read more »

Erik K Jacobs
Erik K Jacobs answered on Apr 29, 2021

As a practical matter, yes. Possession has been ordered in the foreclosure. The owner does not RESIDE in the premises. It sounds like he's an occasional trespasser.

1 Answer | Asked in Foreclosure for New York on
Q: Can a Lis pendens cause a foreclosure auction if summons was not answered by seller in court ?
Leonard R. Boyer
Leonard R. Boyer answered on Apr 16, 2021

A Lis Pendens is a notice to the public that the property is subject to a lawsuit. What you really need to do at this point is to obtain an experienced mortgage foreclosure defense and bankruptcy attorney to represent you. During this pandemic, you have a choice of either seeing your attorney in... Read more »

1 Answer | Asked in Estate Planning and Foreclosure for Iowa on
Q: If a property that was deeded to me prior to the death of the mortgage holder is being foreclosed on, am I responsible?

Is the estate holder responsible for the debt?

Nina Whitehurst
Nina Whitehurst answered on Apr 12, 2021

You are not PERSONALLY responsible for paying the mortgage, but if you don’t pay it the lender can foreclose. Also, given that the decedent transferred the property to you prior to death, it is not part of his or her estate. The transfer removed the property from the decedent’s estate and was... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: How can I help my parents avoid foreclosure if one party refuses to cooperate & has caused liens against the property?

My father tricked/intimidated my mother into getting a 2nd mortgage in her name alone. They are both on the deed. He had the bills go to him at another location then stopped paying. He refused to agree to any solutions (sell, refinance, etc) & has liens against him on the home. He won't... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 12, 2021

Hello,

Your mother should reach out to an attorney that would work with her. She may have options, but trying to tell you to tell her what they are based on the little information you provided is not likely to be helpful.

1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Home Deeded in one name and Mortgaged in another.

I recently discovered my single dad, whom has a mortgage, deeded the house to me and his name is no longer on the deed. He is still paying the mortgage. If he defaults on his loan can the bank foreclose on the house, or will any of this ruin my credit in any way? Would he be able to refinance or... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 9, 2021

You have taken title subject to the mortgage. It is his debt as the notemaker, but the real property stands as secured collateral. The lender can always foreclose if the note is not paid or other terms are not met. It is not your debt.

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: In PA, if a home is sold at auction that had a reverse mortgage previously, will the new owner get a clear title?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

If your auction was a sheriff's sale pursuant to a foreclosure judgment, the successful bidder at the sheriff's sale gets title free and clear of the mortgage debt that was the basis for the foreclosure, and all liens and charges that are junior to the foreclosed lien indebtedness. Most... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: 2nd mortgage in FL which has not been paid since 2009. Have not heard from mortgage company since 2009. Would like to

settle. Can they charge interest since then? Willing to pay amount owed in 2009. Does SOL apply if never received bill since 2009? Company on lien went under in 2009. Never notified of new lien owner.

Phillip William Gunthert
Phillip William Gunthert answered on Apr 8, 2021

You will want to be careful negotiating and starting negotiations because you can revive the debt potentially . If there was no judgment ever, then the Statute of Limitations that applies is directly below (2b and 2c) ;

95.11 Limitations other than for the recovery of real...
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