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Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Collections for New York on
Q: I'm i obligated to property or home if im not the executer ie liens
Elaine Shay
Elaine Shay answered on Sep 20, 2021

Please try to ask your question more clearly for assistance.

2 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for New Jersey on
Q: my mortgage is held by my families estate, can they foreclose on my house if i missed a few payments sporadically.
Leonard R. Boyer
Leonard R. Boyer answered on Sep 19, 2021

Yes, they can foreclose at any time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, the sooner the better.

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2 Answers | Asked in Foreclosure for Tennessee on
Q: How can I obtain information on my home that was foreclosure. I need to know who was paid from the sale how much

None

Anthony M. Avery
Anthony M. Avery answered on Sep 7, 2021

Contact the trustee that conducted the sale. He will be the grantor in the deed to the highest bidder. Suing for a surplus is difficult but possible, usually on large land tracts.

But that might be the only way to get the trustee's attention.

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1 Answer | Asked in Foreclosure and Civil Litigation for Missouri on
Q: If my Hoa is entitled to 12% per annum interest but is charging me more than that, would I have a case?

I have been in a billing dispute with my hoa. They will not allow access to records or books as afforded in the bylaws. A previous tenant gave me a copy of the cleared check for a debt the hoa claimed had not paid. I requested access to the records they denied. They hired an attorney and racked up... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 6, 2021

The association’s declaration and rules & regulations govern.

You would “have a case” if you sue and a case number is assigned. If you don’t pay the disputed charge then I don’t know what damages you’ve suffered. If you do pay the disputed charge and then sue, you’ll...
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1 Answer | Asked in Foreclosure for North Carolina on
Q: My home is about to go into foreclosure the home I’m renting month to month , do I have to pay rent still

The landlord has to go to court on the 16th , the notice I got says he owes 72000 for 3 homes and if he didn’t pay it’s going into foreclosure

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 3, 2021

Yes, you still have to pay your rent. NC law does not allow tenants to withhold rent. If you do not pay rent, the current owner can sue you for the rent money (even though he has apparently not paid the mortgage). Since you are month to month, he can also terminate your lease with as little as 7... Read more »

1 Answer | Asked in Consumer Law and Foreclosure for California on
Q: I have a hard money loan for the house that i occupied! Is this ilegal? To give loan on this terms?
Leon Bayer
Leon Bayer answered on Aug 26, 2021

I think there are initially two issues. What makes you feel this loan is illegal? And, exactly what did you say on the loan application?

Hard money loans are not automatically illegal but normally are made to persons who own a business and are intended for business purposes instead of...
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2 Answers | Asked in Bankruptcy and Foreclosure for Georgia on
Q: Hello, I have a question related to bankruptcy and home ownership.

I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Aug 23, 2021

Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to... Read more »

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1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Georgia on
Q: The indenture date on the deed under power has the 3rd Tues, shouldn't it be dated the 1st Tues to be a forclosur sale?

The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.

Can a lender avoid going to the court house steps & sell/foreclose on... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

Your second paragraph is answered "It depends." The devil is in the wording of the documents.

The first paragraph does not ask a question.

If your question is only one question involving both paragraphs, again the answer would be "It depends."

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Party needs to cancel its own MTD hearing does a notice to cancel need to be filed or is it better to withdraw motion?

If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?

Timothy Denison
Timothy Denison answered on Aug 10, 2021

Either way Wil be fine.

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Texas on
Q: I'll shorten down my question that I asked earlier should I file for a quit claim deed playing adverse poss or what?

I just want to be able to have a place to lay my head I don't need a lot I don't care if I have to go without electricity or water this is all I have left of my family is this house all my family's deceased I've either buried or cremated 98% of my family in the last 10 years I... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

It sounds like you are having difficulty paying the mortgage and are trying to avoid foreclosure. A quit claim deed won't help in that situation (it doesn't even convey the land in Texas, and should virtually never be used).

An adverse possession claim is a way of acquiring...
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2 Answers | Asked in Foreclosure, Real Estate Law and Civil Rights for Kentucky on
Q: Can I sue seller of land contract for my equity in my home ; Foreclosure filed

Purchase price. $132182

Cash down. $43082

Payments $23160

Appliances $ 3850

Balance. $65940. TOTAL EQUITY

Seller started Foreclosure suing me $11000

Non compliance House Insurance

Non... Read more »

Timothy Denison
Timothy Denison answered on Aug 5, 2021

The claim against the seller belongs to your trustee in bankruptcy.

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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: how long would a short sale take approx (months) in Pennsylvania if you have a 1st & 2nd mortgage and a lein on average?

Allegheny county

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 4, 2021

To complete a "short sale", you need to procure the consent of the mortgage holders. Both of them, because your buyer will want to take legal title free of all liens and encumbrances. In other words, you need to persuade both lenders that the best way for them to be repaid is from a... Read more »

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2 Answers | Asked in Foreclosure for Florida on
Q: Can my husband be sued by the bank in PR, for my mother in-laws failure to pay her mortgage? We live in the US.

My father in-law passed away last September and for reasons unknown my mother in-law stopped paying her mortgage. The bank has filed a lawsuit against her, but has also named my husband and his two brothers in the suit. I am not familiar with the laws in Puerto Rico but fail to see how we can be... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2021

You should ask this question in Justia > Ask a Lawyer > Puerto Rico > Foreclosure, because it is a question of Puerto Rican law, not Florida law. But I would guess that he is being sued in case he might claim some interest in the property, not to make him pay. You indicate that you are... Read more »

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1 Answer | Asked in Foreclosure for California on
Q: Whats are my next options if any?

I bought my home back in 2004, with 2 loans (20% & 80%)… 2010 I made a loan modification to combine both loans. I started paying one single payment. In may 2021 I got a default notification and my home has been foreclosed now because the loan modification was made on only one of the 2 loans... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 30, 2021

the loan is secured on the property which means they can foreclose at any time, even 10 years later. to avoid foreclosure, you are going to need to pay the balance due in a lump sum, negotiate the payments due, or file a chapter 13 bankruptcy and do a payment plan to catch up to avoid foreclosure.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: I applied for covid-19 mortgage relief and now face property foreclosure. How do I avoid losing my home???

I was able to resume monthly payments, however, new mortgage service has denied me a repayment plan and refinance option.

Leon Bayer
Leon Bayer answered on Jul 27, 2021

You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.

3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 25, 2021

They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... Read more »

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2 Answers | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... Read more »

Timothy Denison
Timothy Denison answered on Jul 22, 2021

What is your question?

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2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law on
Q: theres an abandoned house ive been looking at, can i just move in?

looks like no one have been their since the 1990s. Ive been going back to look at it for 6 years it hasn't been touched. Only info i can find is the lot number other than that i cant even find the official address

its located 1/12 hour out of town in a rural farming community

Leonard R. Boyer
Leonard R. Boyer answered on Jul 18, 2021

What makes you think you would have any right to move into any house just because a "looked at it for 6 years"? How could that possibly make legal sense?

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2 Answers | Asked in Foreclosure for Florida on
Q: I am a senior citizen holding a mortgage in Charlotte County, Florida. I could not afford a lawyer to foreclose.

I successfully did it on my own with the final judgment awarded in late March and the auction scheduled for April 30. The morning of the auction the debtor showed up with Ch.13 bankruptcy papers and the auction was cancelled. This morning her bankruptcy was dismissed due to non compliance and... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 14, 2021

The courts cannot give you legal advice -- that would be practicing law without a license, which is a felony. Without reviewing the docket, generally you can motion the court to reset the sale.

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1 Answer | Asked in Foreclosure for Florida on
Q: Is it normal procedure for a lender to bring a foreclosure action upon heir(s) with letter of surrender in Fla
Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 12, 2021

Without reviewing a title report I would say generally, yes. They have to clear any possible claims and interest against the property. It is especially important if there are judgments with the same name as the decedent. While the decedent might be "Joe J Smith," any judgment in the... Read more »

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