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Foreclosure Questions & Answers
1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: WHAT DOES A REVERSED AND VACATED MEAN AT THE CAVC
Timothy Denison
Timothy Denison answered on Jan 17, 2020

It means a judgment or order was set aside.

3 Answers | Asked in Bankruptcy and Foreclosure for Florida on
Q: I am a full time student. I have a collection agency foreclosing on my house I see judge 2/14. I owe 20000 house worth

140000. USDA rhs was my lender. What can I do. Can I sell before 2/13? And pay the 20000?

David Luther Woodward
David Luther Woodward answered on Jan 17, 2020

You need to visit with a foreclosure defense/bankruptcy lawyer TODAY. From you question I cannot understand if your home mortgage is in foreclosure, or you are being sued on a student loan. In either case, run, do not walk to a good bankruptcy lawyer in your community.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: What happens to an FHA loan on a property if the HOA forecloses through a judicial foreclosure and the property sells.

a condo is for sale at the sarasota county website. The Plaintiff is the HOA and legal doc's say the plaintiff's max bid is the exact amount of what is owed to the HOA for late fee's, etc. The Defendant on the case is the owner of the condo and also Secretary of housing and urban development. In... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

Yes, if the FHA mortgage is senior to the HOA lien.

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1 Answer | Asked in Foreclosure and Civil Litigation for Pennsylvania on
Q: My Mom was served a civil action mortgage foreclosure on her dead son’s home. He was single/no kids. Must she respond?

She has no money, is on disability, and lives check to check. My step dad and little brother were also named in the paperwork. What should we do! They have no interest in the home and wouldn’t qualify to finance anything.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 13, 2020

All states have "intestacy statutes", determining how a decedent's property will be distributed, and to whom. You don't say where the property is located, which would determine which state's law would be applicable, as to that property. The foreclosing creditor most probably researched the... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Do I have to appear in court as a legal heir on a foreclosure if I don't want the house? Do I even need to respond.

The house in in Chicago, IL and I live in Philadelphia, PA if that matters.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 8, 2020

If you do nothing, the court will enter a judgment by default against you and any interest you may have in the property to be foreclosed. In PA, DE and several other states, a foreclosure is an "in rem" proceeding, limited to foreclosure and sale of the property, and does not initially determine... Read more »

1 Answer | Asked in Foreclosure for Texas on
Q: I’m in foreclosure, what’s the best way to stop from having home taken away. I’m 6 months behind.

6 months behind, live in Texas. Payment $1100 per month.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

Perhaps you can modify your loan or enter a chapter 13 bankruptcy. You should consult with a debt assistance attorney to see what your options are.

2 Answers | Asked in Family Law, Foreclosure and Child Support for Florida on
Q: Is there anyway I can establish paternity of my son's deceased father although I do not know any of his family
Rand Scott Lieber
Rand Scott Lieber answered on Jan 6, 2020

The short answer is no. In family law once the father has passed away without an establishment of paternity the family court has lost jurisdiction.

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1 Answer | Asked in Foreclosure for New York on
Q: My foreclosure case was in 2008 and I never had a treverse conference, fast forward to2019 , my house is up for auction

Bottom line I wasn’t given a opportunity to state my case .they didn’t own the note , this is why I never had that meeting .the opposition always made excuses why they couldn’t meet with me , and they got away with this ! What can I do to save my house ? It’s been a 11 year battle dealing... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 6, 2020

It sounds like you are in a tight spot. You need to talk with a foreclosure defense attorney as soon as possible.

2 Answers | Asked in Foreclosure for New Jersey on
Q: Is curing a default by the date in a notice of intention to foreclose letter in NJ using the once every 18 month renstmt

Is curing a default when a mortgage is in pre-foreclosure by the due date in a notice of intention to foreclose letter sent by the creditor to the mortgage debtor in New Jersey using up the once every 18 month reinstatement privilege New Jersey offers the mortgage debtor? Basically what I’m... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 5, 2020

Your question(s)/statements are confusing and not legally or factually accurate. It sounds like you are playing Russian Roulette with a house that you cannot really afford, and could probably end up losing. You need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, so... Read more »

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1 Answer | Asked in Foreclosure for Florida on
Q: MTN&NOH reading "Plaintiff's Motion to Strike Affirmative Defenses" but proposed order reads different.Whats that called

Wanting to add into my opposition of motion....plaintiff intentionally misrepresented the motion since the affirmative defenses they are referring to in motion was amended prior to this motion but as detailed in the Judge's Packet and on all included paperwork, the hearing is on the striking of the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 3, 2020

It's unlikely that you can claim to having been misled. Go to the hearing and explain your reasoning to the judge.

2 Answers | Asked in Foreclosure for Arizona on
Q: A timeshare was foreclosure, what should i do?
Justin M. Gillman
Justin M. Gillman answered on Jan 3, 2020

The information you provide is very limited but if you did not wish to retain the timeshare, allowing it to be taken via a foreclosure process is not a problem. The issue that may come up is whether the management company will seek to recover any past due amounts on any lien or for maintenance.... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for Arizona on
Q: There is an auction coming up, I saw the owner just placed a "lis Pendens" to stall post auction.

Checking the county recorder's office, this was recently filed. The bank foreclosed, but it looks like she wants to live in the house awhile after the auction. How much trouble will a Lis Pendens be? It could be that she thinks no one will bid on her house with that move. I don't really know if... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 2, 2020

A lis pendens is intended to give notice of litigation that is currently pending and concerns issues of title or ownership of the real property. It creates a unlawful cloud on title if used for any other purpose and can be removed by court order if necessary. Assuming the pending foreclosure was... Read more »

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2 Answers | Asked in Criminal Law, Estate Planning, Foreclosure and Immigration Law for Florida on
Q: How do I go about getting some pro Bono help with an illegal executor fraud And the omitting of a will

Their surplus funds $33,000 vehicles $28000 and a $25000 inheritance to be accounted for. I've been in the dark and told that I was not allowed to find out anything and so probate was over and we have never talked to this guy nobody knows him in now we're homeless because the house got foreclosed... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Dec 31, 2019

After the fact is the wrong time to start this. First, at least in Florida a non relative cannot be a personal representative if they live outside the state. Second a probate proceeding is a court proceeding and any irregularities should have been brought to the Judge's attention that is why the... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Hello i live in queens ny and house i live in is in foreclosure & is going to be auctioned jan 24 2020. Whats my rights

Already in foreclosure.

Being auctioned 1/24/20.

Michael David Siegel
Michael David Siegel answered on Dec 31, 2019

Are you the owner or the tenant? If you are the tenant, you have the same rights you had before, including a lease.

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2 Answers | Asked in Contracts, Foreclosure and Real Estate Law for South Carolina on
Q: I purchased a home on foreclosure and months have passed but the bank still hasn't issued a title or deed to the house

how long the bank have to issue title without me getting some interest on the money I spent to purchase the house

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 23, 2019

Unless South Carolina is different from other states the deed was created on the day you closed on the purchase. There is no specific time-period for the lender to send you the deed. Call the local county clerk's office and ask if they can help you find a copy of the new deed in their official... Read more »

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1 Answer | Asked in Real Estate Law, Tax Law and Foreclosure for Colorado on
Q: I bought some land through a county tax sale and I thought I got it free and clear from the county.

The county issued a new deed of trust to me. After 4 months I started getting a bill showing that I also owed over $4,000 of the past persons bill as well, before I even requested billing from the water company. The water company is saying that they have a perpetual lien against my property. How is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 19, 2019

Your unfortunate situation is a textbook example why non-lawyers should always ask an experienced lawyer before they do something they have never done before. Unless you can somehow convince the water company to let you off their very sharp-barbed hook you are stuck. And no one else (who has a... Read more »

2 Answers | Asked in Foreclosure and Bankruptcy for Florida on
Q: Must foreclosure be refiled after stay lifted? Can voluntary dismissal avoid turnover?

Chapter 7, automatic stay lifted re: foreclosure. Florida case. Must the lender refile the foreclosure? The foreclosure docket says the case is closed. Or can the lender just pick up where they left off in the same, pre-bankruptcy case?

Also, can voluntary dismissal avoid turnover? The... Read more »

Timothy Denison
Timothy Denison answered on Dec 19, 2019

If you voluntarily dismiss, you can probably avoid turnover.

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2 Answers | Asked in Foreclosure for Michigan on
Q: Is a notice to vacate an eviction notice the notice says? I have 10 days to vacate,is this considered a lawful eviction

The notice is from a law office and they are also offering to by back the key to leave a month after the 10 day notice to vacate. I’m confused and I just want enough time to move all of my belongings

Adam Alexander
Adam Alexander answered on Dec 18, 2019

"Cash for keys" is a common offer to persuade a resident to vacate earlier than scheduled. In your case if there is a court ordered eviction date, you must follow the court order. Have you been to court for the eviction hearing? Is there an eviction order signed by the judge?

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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.

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