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Foreclosure Questions & Answers
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...
Read more »

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1 Answer | Asked in Foreclosure for New York on
Q: My father complied the notice of pendency out of court with the buyer but the buyer has refused to release

Notice of pendency we are extended extensions to sell the house to them we have only received from them loan applications and not the commitment letter from the bank I'm really lost and I don't no longer know what to do is stating on real estate sites that it is pending sale but it is... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 7, 2021

It sounds like you should call an attorney who does real transactions for properties in foreclosure for a free consultation. Instead of trying to do everything yourself, it may be work checking with someone that you are not being ripped off.

1 Answer | Asked in Foreclosure for New York on
Q: What will happen to my father's house since he did not answer the summons of notice of pendency will he lose his house
Derek John Soltis
Derek John Soltis answered on Apr 6, 2021

It sounds like he is in a foreclosure matter based on a notice of pendency. If he does nothing, eventually he will lose the house. If he starts replying or looking at loan modification, he can save his home. He just needs to start taking action.

3 Answers | Asked in Foreclosure for New York on
Q: My father house has a judicial foreclosure auction he settled with the summons out-of-court the buyer has not bought the
Michael David Siegel
Michael David Siegel answered on Apr 4, 2021

Your question cut off. I do not understand it.

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1 Answer | Asked in Foreclosure for Kentucky on
Q: Foreclosure how do u find it on docket.
Nick Curtis Thompson
Nick Curtis Thompson answered on Apr 1, 2021

All the foreclosure files are at the county circuit court clerks office.

You check the progress on your case at the court clerk's office.

It is also available on line if you have access to courtnet.

The docket is normally published on the court website but there...
Read more »

3 Answers | Asked in Foreclosure and Civil Rights for Kentucky on
Q: I am buying my home under a Land Contract. In 2018 I gave the Seller $41000 down on a home . The Purchase price

$132000. I have not maintained Insurance instead put in a ADT Security that call the fire dept if fire or theft. I have been late on some monthly payments. I have paid a total of $66000 so far. I am disabled. He is pursuing Foreclosure. What can I do??

Leonard R. Boyer
Leonard R. Boyer answered on Mar 27, 2021

You need to retain an experienced KY mortgage foreclosure defense and bankruptcy attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the... Read more »

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1 Answer | Asked in Foreclosure for Florida on
Q: I won an auction HOA lien,but want to walk away as it has a mortgage. Can I walk away and take my loses without any reco

My wife and I purchased a property via Miami Dade County's website (1) for foreclosed properties. On March 8, 2021, we were the successful bidders on 2591 SE 13th Court Homestead, FL 33035, for an amount of $65,600 + court docs fees for a total of $67,230. This was going to be the home we... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 27, 2021

Not all of your facts posted, but it appears you have an issue with more than one HOA having a lien on the property as well as a mortgage. You need to hire an attorney as soon as possible. Once the title issues you are 'jointly and severally' liable for any past due assessments of any... Read more »

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for Michigan on
Q: Ref: CHAP13;indivdual;only one case. What is the length of CHAP 13 "automatic" stay ? Is it minimum 60 days ?
David Soble
David Soble answered on Mar 29, 2021

An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non... Read more »

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1 Answer | Asked in Consumer Law, Divorce, Foreclosure and Real Estate Law for California on
Q: My mother and stepdad own a home together but they are separated not Divorce, but living in the same house.

Her name is on the deed and his name is on the actual mortgage loan he wants to do a quick sale on the house but is it possible for him to do so without her consent with her name not being on the actual mortgage loan ?

He also claimed that he stopped paying the mortgage about 5 months ago... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 26, 2021

Your mom needs to call and consult with a lawyer that is familiar with real estate and bankruptcy law. If she is on title, he cannot sell without her permission. If he stopped paying the mortgage, she needs to pay the arrears if she wants to stay in the house. If there is equity in the house and... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: In an auction, I paid off HOA fees and received a Certificate of Title. Afterwards, I learned that there is a mortgage

There is a mortgage on the property, but the mortgage company hasn't foreclosed on the property. Am I allowed to rent out the property?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 24, 2021

Yes, until the property is foreclosed on and sold pursuant to that foreclosure.

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1 Answer | Asked in Foreclosure for California on
Q: Am I a CA usury exempt lender if I am a private party lending to another private party secured by a 2nd trust deed
Leonard R. Boyer
Leonard R. Boyer answered on Mar 23, 2021

You are going to have to elaborate a lot more. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

1 Answer | Asked in Foreclosure for Kentucky on
Q: Unlawfundetainrr. Lost in court. How much time bibgot to get out
Leonard R. Boyer
Leonard R. Boyer answered on Mar 18, 2021

You really should really rephrase your question and provide more facts. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

1 Answer | Asked in Foreclosure and Real Estate Law for Louisiana on
Q: I need a attorney to help me with this mortgage company, who has harassed me and my family from March 2020 - March 2021.

They evicted us during the cares act protection. They forced us to move in a home with no roof and no heat with four children 4 year old boy with ADHD and a hearing problem, 7 year old girl who was distraught and cried, a 14-year-old who also had a very rough time with this and a 17 year old who... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2021

Your only chance of saving your property is if you retain an experienced LA mortgage foreclosure defense and bankruptcy attorney. Unfortunately, there is no basis to file a lawsuit against the mortgage company based on your stated facts. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY... Read more »

2 Answers | Asked in Foreclosure for New Jersey on
Q: if there was a deficiency judgement filed and awarded, how long does the mortgage company have to come after me?

how do i find out if there was a judgement against me? I did not receive anything and the auction sale was 11/2018

Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2021

The mortgage company has a substantial amount of time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney to eliminate this problem for you. If the property sold at sheriff sale for less than what is owed (a virtual certainty in 2018) then there is a... Read more »

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2 Answers | Asked in Foreclosure for Michigan on
Q: what documents must be presented to repo a camper rv

i am storing a camper for a customer in my mich storage yard. customers daughter states mother has died and missed 2 camper payments. A repo comp wants to take camper, what docs. do i need to see to allow repo comp to take camper?

Brent T. Geers
Brent T. Geers answered on Mar 10, 2021

You would need to contact your lawyer to advise you on what your storage contracts say, and your legal rights and obligations here. You do not want to errant, and caught in the middle here between the repo company and the estate.

Ordinarily, though, there should be some court orders...
Read more »

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Arizona on
Q: I have a question about my grandparents estate that is currently being held by the Department of treasury.

I have a copy of the will where he states who each property would go to. We also know he had life insurance and his business that was not distributed properly or at all for that matter. The homes he left to family in the will were in Forclosure due to the person not distributing everything the way... Read more »

Ilene L McCauley
Ilene L McCauley answered on Mar 9, 2021

I am so sorry for your loss.

I apologize. I don't know if I understand you completely. If the estate is being held by Treasury, is it because there are back taxes which need to be paid?

To answer your other question. A copy of the Will won't be enough. The will must be...
Read more »

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