Foreclosure Questions & Answers by State

Foreclosure Questions & Answers

Q: 2 Deeds Submitted into CC Office

1 Answer | Asked in Banking, Contracts, Foreclosure and Real Estate Law for New York on
Answered on Nov 18, 2017

Bring your deed and the verification letter to an attorney to review. You are looking to bring a quiet title action.

An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
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Q: A home that I was on deed and in process of putting my name on mortgage my lawyer did not file proper papers house sold

2 Answers | Asked in Foreclosure for New Jersey on
Answered on Nov 18, 2017

You should talk with an attorney as soon as possible that understands foreclosure law and bankruptcy. You may be able to redeem your home, but your time is limited.
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Q: I live in California and I am in Chapter 13 bankruptcy. There is a foreclosure sale date of 12/19/17 on my house.

2 Answers | Asked in Bankruptcy and Foreclosure for California on
Answered on Nov 14, 2017

I wish I could help you, but it's not possible to offer guidance on something so specific unless a lawyer can see all the relevant paperwork. You should consult your own lawyer immediately, and if you don't have a lawyer I think you better get one or else you won't know what your rights are.
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Q: procedger to recover money from foreclosure? 4 children involved? City has money.

1 Answer | Asked in Foreclosure and Real Estate Law for Connecticut on
Answered on Nov 14, 2017

It is not an easy process and I recommend you hire an experienced local foreclosure defense attorney to help you recover any funds you are entitled to from the foreclosure sale of your property.
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Q: Can a house go into foreclosure while waiting for probate letters? We have been hung up by Kings County NY since May.

1 Answer | Asked in Foreclosure and Probate for New York on
Answered on Nov 13, 2017

Yes, the mortgage must be paid. However, you have two issues. One, I do not know if you have a lawyer, but letters should be issued by now. You can get preliminary letters if you need to sell the house more ASAP. After all, Winter is coming and someone must take care of it. Two, you can reach out to the bank. Answer the foreclosure. Do not default. That will slow it down to buy more time. This happens all the time.
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Q: I have a foreclosure sale in early December.Aside from BK,reinstating or paying the full amount.How can I save my home?

3 Answers | Asked in Foreclosure, Real Estate Law and Bankruptcy for Florida on
Answered on Nov 9, 2017

I understand your desperation but there is just no way to say what your chances are. You should contact the plaintiff to see if they will make an agreement to postpone the sale if you pay them x dollars towards reinstatement now and x dollars later. Keep in mind that the bank does not have to agree but it’s worth a shot.
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Q: An 81 year old woman hoarder has been cited by Barrington NJ health department, but can't afford to clean up property

2 Answers | Asked in Foreclosure, Municipal Law and Real Estate Law for New Jersey on
Answered on Nov 9, 2017

She can just walk away and move.
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Q: How can I stop a foreclosure sale that is set for Dec.6th 2017, if my BK was dismissed with prejudice?

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Answered on Nov 8, 2017

You are entitled to reinstate the loan by law. The bank does not have to negotiate with you on reinstatement amounts. Since the sale is now u fee 30 days out I am concerned you are out of time or almost.

Request reinstatement asap and pay the amount if you can. Or hire a lawyer in your area ASAP.
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Q: In New York can you update estate administrator paperwork with another heir if you originally checked sole heir?

2 Answers | Asked in Estate Planning and Foreclosure for New York on
Answered on Nov 7, 2017

There are two unrelated issues. One is the foreclosure, and the other is the Surrogate. Whether an update is needed or more of an issue, both matters need to be reviewed by an attorney. One issue is why it was omitted in the first place.
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Q: Is there any way I can check the status of a notice of motion for disbursement of surplus money pursuant to rule 4:64-3

1 Answer | Asked in Foreclosure for New Jersey on
Answered on Nov 3, 2017

Call the Court and/or the Sheriff's office and ask. Or you can you retain counsel to handle this for you.
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Q: Landlord does not have my security, should I just let her take me to court?

1 Answer | Asked in Bankruptcy, Foreclosure and Landlord - Tenant for New Jersey on
Answered on Nov 2, 2017

Let her take you to court, but be prepared to pay rent to somebody. Do not blow the rent money so when time comes to pay, you have it.
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Q: owner in foreclosure - she told me to hold rent, now she wants me to pay her legal fees to file bankruptcy, what to do?

2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Nov 2, 2017

Do not pay her. You can take her to court for the security if you are allowed to have it. It depends on when your lease is up. If she is harassing you then you can report it to the police. Legally, you are best to write her and tell her in light of the foreclosure you will escrow the rent until it is determined who to pay.
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Q: House is a zombie property, bank discharged mortgage, how to buy from prior owners if they divorced, before tax auction?

2 Answers | Asked in Tax Law, Bankruptcy, Foreclosure and Real Estate Law for New York on
Answered on Nov 1, 2017

Based on your post, the title owner is going to have to sign a deed. If title is in the name of the ex-wife alone, you are going to have to find her. Anyone can be found.
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Q: My mother (deceased) as primary signer my brother cosigned for a property. Now in foreclosure. As sister can I be sued?

1 Answer | Asked in Foreclosure for New Jersey on
Answered on Oct 31, 2017

You really should ask this question in Justia › Ask a Lawyer › New Jersey › Foreclosure, because the laws there may be different. But yes, it is likely that you were properly sued because you co-signed the mortgage note. If, in the foreclosure, the property is sold for less than what is owed, you could be jointly liable for the deficiency.
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Q: How much money do you need to rent a home? Or does it even matter?

1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Oct 30, 2017

IN general the determining factor for most landlords is not how much money you have in the bank, but how much you earn and what are your expenses.
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Q: Concerning the writing of a Brief , both Circuit Court and Appellate Court...

1 Answer | Asked in Appeals / Appellate Law, Foreclosure, Real Estate Law and Civil Rights for Florida on
Answered on Oct 30, 2017

What a lawyer says in court is not testimony. Testimony is made by witnesses. Lawyers in a case cannot give testimony in that case. So, even if the lawyer "lied", it would not be relevant to the appeal because the "lie" would not affected what the court decided.

If what happened is that the opposing lawyer argued facts that were not in evidence, your attorney should be able to easily show that, without calling the opposing lawyer a liar.

If you feel that you are not being...
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Q: Does a mortgage company have the right to issue a date of auction without first notifying owners of the home?

2 Answers | Asked in Foreclosure for New York on
Answered on Oct 28, 2017

Normally a date is set by the court. In New York, the court assigns a referee to commute the interest and advertise the sale. The referee also conducts the sale.

In New Jersey the sheriff of the county conducts the sale, but the property is also advertised prior to the sale. For more information https://sheriff.morriscountynj.gov/civil/about_sales/
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Q: Can I stop or slow down a foreclosure on a timeshare while a search for a lawyer that will only bill me if he wins a sui

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Answered on Oct 26, 2017

I believe that this would be possible. I don't have much info here, so I will say that if you have an attorney, I would recommend that you show him or her this article: https://www.targheelaw.com/article

It's something I wrote for attorneys to better understand options when it comes to timeshare disputes, including foreclosure. If you or your attorney have questions about it, I'd be happy to answer those.
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Q: I'm a tenant in a foreclosed home. There was a sheriff sale but I have not been evicted. What are my rights.

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Indiana on
Answered on Oct 24, 2017

Theft report be immediately lodged against the contractor and mention name of witnesses for verification. Also lodge claim for broken items. Also send a legal notice to contractor warning to abstain from throwing out your stuff .... mention the cost of the items too.

Consult Attorney of local jurisdiction for specific advice and action.
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Q: My bank appointed a referee in my foreclosure process. The judge adjourned the motion presented. Can I still get help

2 Answers | Asked in Foreclosure for New York on
Answered on Oct 21, 2017

Yes. You are moving along the process. You also have a bankruptcy option.
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