Foreclosure Questions & Answers

Q: divorce proceedings....house in both names... by Ga. law can lawyers prevent house from going into foreclosure

1 Answer | Asked in Foreclosure for Florida on
Answered on Apr 17, 2018
Jennifer Isaksen's answer
You are posting in a FL law forum. I would re-post your question in a GA law forum if the home is in GA. Best of Luck! Jennifer
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Q: how can i stop a foreclose on my deceased grandfathers home. My sister is Representative of the estate but she owe taxes

2 Answers | Asked in Foreclosure for Michigan on
Answered on Apr 13, 2018
Adam Alexander's answer
If it is a tax foreclosure, the simplest way to save the home is to pay the balance of the taxes due. I would need more information regarding the timing of the foreclosure to provide more detailed advice.
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Q: Can they have a sheriff sale on my home without notifying me?

1 Answer | Asked in Foreclosure for New Jersey on
Answered on Apr 13, 2018
Derek John Soltis' answer
You need to talk to an attorney about the specifics of your situation. People have to be served prior to a sale. You may have a cause of action to stop the sale, but without specifics there is no way to know for sure.
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Q: If the house I'm renting is foreclosed on can I stay on as a tenant?

2 Answers | Asked in Foreclosure for New York on
Answered on Apr 13, 2018
Derek John Soltis' answer
If you have a valid lease, you most likely can stay. But, as with anything there are exceptions. Talk with an attorney about your specific situation.
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Q: How can my son get his ex wife to help pay a mortgage she let go into default?

1 Answer | Asked in Divorce and Foreclosure for Missouri on
Answered on Apr 12, 2018
Lydia Seifner's answer
If the divorce degree required her to help him with the mortgage, or to reimburse him for the outstanding debt, then your son can seek a motion for contempt, and demonstrate to the court that she has not paid what she has owed. Have your son speak to an attorney.
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Q: My loan is owned by Fannie and serviced by Chase. I applied for Unemployment forbearance with chase, but after 3 mos, my

2 Answers | Asked in Foreclosure for New York on
Answered on Apr 11, 2018
Derek John Soltis' answer
I understand your frustration. It is hard to get a straight answer when you want one from most loan servicers.

You may want to try different phone numbers and emails if you can find them. The normal ones my firm uses are: customerservice@bayviewloanservicing.com 1.800.457.5105
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Q: I have a foreclosure case that has no standing. I would like to file a motion to vacate judgment. Any takers with NJ lic

1 Answer | Asked in Foreclosure for New Jersey on
Answered on Apr 11, 2018
Leonard R. Boyer's answer
Justia policies preclude any type of direct solicitation. Your situation, complete with all your documents to substantiate your allegations requires an in person consultation. Obviously the Court, if you are correct, that a Motion to Vacate Judgment is required, there are certain standards you must meet to have that granted. You need to retain experienced mortgage foreclosure defense counsel. Only a mortgage foreclosure defense attorney has the expertise to prevent you from having more...
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Q: What happens to the funds in a foreclosure ?

1 Answer | Asked in Foreclosure for Arizona on
Answered on Apr 9, 2018
Diane L. Drain's answer
Any excess sale funds are deposited with the Treasurer's Office and a complaint filed in the county where the property is located.

I hope this is helpful.
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Q: Am I legally bound to attend a Case Management conference?

2 Answers | Asked in Foreclosure for New Jersey on
Answered on Apr 7, 2018
Leonard R. Boyer's answer
Then you need to appear and request more time to get an attorney. You need to retain an experienced mortgage foreclosure defense attorney. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you...
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Q: I have my father's house trying to sell but the probate attorney is taking his time

1 Answer | Asked in Foreclosure and Probate for California on
Answered on Apr 7, 2018
Richard Samuel Price's answer
If at all possible, you should make the monthly mortgage payments. The expenses of the probate matter are expenses of the estate. Once you have letters, you can negotiate with the lender for an extension of time to sell the house so it doesn't get sold in foreclosure. Your attorney fee agreement will determine if you still have to pay the attorney if the house is foreclosed.
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Q: Can you refinance to avoid a foreclosure?

2 Answers | Asked in Foreclosure for Florida on
Answered on Apr 5, 2018
Steve Louis-Charles' answer
Provided a lis pendens has not already been filed on the property in court to commence foreclosure proceedings I do not see why not. Although a history of late payments may be another obstacle to consider. Hope this helps.
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Q: My note was never sold before the original company went under... what do i do? can i sell it? I'm still on the tittle.

3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Florida on
Answered on Apr 4, 2018
Andy Wayne Williamson's answer
In theory you can sell it, but most likely the mortgage is still a lien against the property. I suggest that you consult with a real estate attorney here in Florida to look at your title history and then give you advice on what you can do.
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Q: Received summons and complaint for foreclosure of relatives home. I am not on "note" or on complaint must I respond?

2 Answers | Asked in Foreclosure for Florida on
Answered on Apr 4, 2018
Tina El Fadel's answer
If you are not on the note or the mortgage, you are being named only as a person who might have an interest in the property. If you do not respond than a default will be entered against you and ultimately a judgment will be entered which will foreclose any interest you have in your grandmother's property. As your question states you do not want your grandmother's property--and even if you did answering this Complaint will not entitle you or grant you the same, there is no real need to respond...
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Q: Do you get any of the money if your house is sold after foreclosure?

1 Answer | Asked in Foreclosure for New Hampshire on
Answered on Apr 4, 2018
Joseph Kelly Levasseur's answer
If they sell the property for more than what is owed then yes. you would be able to get the amount left over after ALL the bills related to the foreclosure and the sale of the home are paid.
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Q: I'm renting a house that got foreclosed on. Does the new owner have to honour my lease?

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Answered on Apr 4, 2018
Jonathan A. Klurfeld's answer
No. See statute 83.561 where landlord can get you out with a 30 day notice.
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Q: I filed for Chapter 13 to save my home, but got a great job and can now pay my mortgage !

3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Apr 2, 2018
Leonard R. Boyer's answer
It is simple, the investors want to cash out, but depending on your total circumstances, retaining the right type of attorney will probably solve the problem. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You need to retain the best mortgage foreclosure defense and...
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Q: I bought a house from auction from HOA, the house has a lien from mortgage foreclosure, Can I pay off the bank?

3 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for Florida on
Answered on Apr 2, 2018
Steve Louis-Charles' answer
Try to locate the previous owner that is named on the foreclosure and somehow persuade them into assigning you their right of redemption. Hope this helps.
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Q: Long story short: parents upside down on bills; likely to lose their house to foreclosure. No where to go. No money.

1 Answer | Asked in Foreclosure and Bankruptcy for Pennsylvania on
Answered on Apr 2, 2018
W. J. Winterstein Jr.'s answer
A chapter 13 bankruptcy proceeding is designed to enable debtors to keep their houses. There are debt maximum limits, however, and a Chapter 13 debtor must be receiving "periodic income" with which to fund a plan. Social security payments qualify as periodic income, if sufficient in amount to fund a plan to cure mortgage arrears, over and above necessary living expenses. Once a bankruptcy is filed, the arrearage amount ceases to earn interest.

Other key facts not stated in the...
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Q: Is filing a quiet title and option?

2 Answers | Asked in Foreclosure and Probate for New York on
Answered on Mar 26, 2018
Leonard R. Boyer's answer
Your situation is too complex for this forum and requires an in person consultation and a review of all documents. This may require more than one type of attorney.
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Q: We are selling a home with a contract for deed and have a question about floreclosure.

1 Answer | Asked in Foreclosure and Real Estate Law for Oklahoma on
Answered on Mar 26, 2018
Richard Winblad's answer
You are correct. A Contract for Deed is actually treated as a deed to the purchaser and a mortgage back to the seller. Because it gives the purchaser an interest in land the mortgage (contract for deed balance) would have to be foreclosed and sold at sheriff's sale. If it sells for more than what is owed the purchaser is entitled to that amount. If it sells for less than is owed you could be entitled to a deficiency judgment for the balance. You could bid on the property at the sheriff's...
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