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Foreclosure Questions & Answers

1 Answer | Asked in Estate Planning, Foreclosure and Probate for California on

Q: Wells Fargo Bank foreclosed and sold a property after the owner died. Can they do that without waiting for a probate ?

After the owner died the caretaker stayed living in the house. Caretaker changed all locks and changed phone number. After the house got sold by bank the caretaker received money to move out and she took decendants personal belongings, valuables and all furniture with no accountability. Caretaker... Read more »

Kenneth Sisco answered on Jun 15, 2019

Few things happen automatically, without someone putting things in motion. Most likely, Wells Fargo did everything required of them by the law and the Trust Deed under which the home was sold. It is up to an heir, a friend, or even a creditor to open a probate if they have some interest is doing... Read more »

3 Answers | Asked in Bankruptcy, Foreclosure and Collections for Oregon on

Q: Will filing bankruptcy take my 81 yr old grandma's house off the auction block for 6/20/19?

I just learned that my grandma's house is in foreclosure and scheduled for auction in about a week and a half on 6/20/19 due to an unpaid loan. If she were to file for bankruptcy, would it take the house off the auction block?

Mr. Michael A. Shurtleff answered on Jun 9, 2019

Yes. Call a BK attorney in the morning

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1 Answer | Asked in Foreclosure for Puerto Rico on

Q: How can I obtain a copy of a foreclosure letter of a home that was foreclosed Ive tried contacting the bank lender

bank hasnt been able to help. I need this letter asap. The home is located in Puerto rico

Nelson Jose Francisco Alvarez-Aponte answered on Jun 9, 2019

Hello and thank you for using JUSTIA. A foreclouser letter is sent by the financial institution. The foreclosure process is done by a financial institution against the borrower in the Superior Court of the location of the Property. As part of the claim, the foreclosure letter needs to be included... Read more »

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Oklahoma on

Q: I file Chapter 13 on Sept 2010 and discharged on Aug 2015. Bank is just now suing for past notes and foreclosure

I didn't know the property statue until I purchase my current property in Dec 2016. It was up for tax sale and the bank bail it out (May 2018) I try to sell it and the bank quoted $170,000 over the original loan of $125,000. So I went out in July 2018, fixed up the property and now rented it out... Read more »

Timothy Denison answered on Jun 6, 2019

You have a mess. You need to contact a bankruptcy attorney who can assess your financial situation and determine what I Teresa, if any, you have in the property.

2 Answers | Asked in Bankruptcy, Foreclosure and Landlord - Tenant for California on

Q: I have a question my landlord lost the house he still wants us to pay him the rent . What can I do he's not the owner ?

Theodore Allan Greene answered on Jun 4, 2019

When you say he "lost the house" do you mean the bank foreclosed on him? If so then don't pay him. Wait for the bank to contact you most likely through a real estate agent. Unless someone bought the house through a foreclosure sale - then they should contact you. But if the owner/landlord still... Read more »

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1 Answer | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on

Q: Hi, what is the cost to file for guardianship for a parent with dementia? Thank you.

Jason E. Neufeld answered on May 31, 2019

Assuming that it is not contested, my office charges $4,000.00 - $5,000. If you're interested in discussing further, please reach out.

1 Answer | Asked in Foreclosure for New Jersey on

Q: If property taxes were not paid and subsequently sold at tax sale, the tax lien holder pays the future taxes for 2 years

and then files for foreclosure, what happens when the property owner receives an "order setting date, time, place and amount of redemption" notice from the attorney representing the tax lien holder? Is that date really the last date the property owner can pay to redeem the property? Is that... Read more »

Derek John Soltis answered on May 25, 2019

When the judge signs the order the property is legally the tax lien holders.

Declaring bankruptcy can extend the time to get the money to pay of the tax lien.

It may be easier to get a hard money lenders to loan the money, and probably have a lower interest rate than the 18% that...
Read more »

4 Answers | Asked in Foreclosure and Real Estate Law for Maryland on

Q: Great grandmother's property going into lien foreclosure in 2 wks. If I pay taxes, can I sell the property.

Great grandmother died in 1985. Left property as heir property. My mother held power of attorney. My great-uncle attempted to sell the property. He couldn't b/c the heirs never paid my great-grandmother's attorney for the work he did. As such, the deed was never transferred to the heirs. Taxes are... Read more »

Richard Sternberg answered on May 22, 2019

There are steps between the taxes being due and a foreclosure sale, but those steps vary by jurisdiction. The short answer is that paying the taxes does not buy the title for you. Unless the actual title owners agree, it buys you nothing but a dubious claim for contribution, and that is limited if... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Utah on

Q: If I've paid off a home equity can they charge me attorney,appraisal fees, and owe property tax home insurance

Included mortgage payment in to escrow. I receive a letter to pay or I'm in default

Kenneth Prigmore answered on May 8, 2019

As it has been five weeks since you posted, I suspect you have already been forced to make a decision. In case this issue comes up again, most of your relationship with the mortgage company is controlled by contract. Many lenders will agree to waive mortgage insurance if your equity exceeds a... Read more »

1 Answer | Asked in Foreclosure and Traffic Tickets for Virginia on

Q: If my vehicle is registered in another state do I adhere to muffler laws?

I have no mufflers or catalytic converters on my truck, but my vehicle is registered in Colorado.

Daniel P Leavitt answered on May 3, 2019

You are required to adhere to the requirements in the state the vehicle is in, even if you are driving through. So people from Florida get tickets all the time for window tint that is legal in Florida but not legal in Virginia even though they are just passing through.

2 Answers | Asked in Foreclosure for New York on

Q: A FORECLOSURE NOTICE FOR MY MOTHER IN LAWS HOME, WAS SERVED TO HER NIECE WHO LIVES IN ANOTHER STATE(NY), IS THIS LEGAL?

A FORECLOSURE NOTICE FOR MY MOTHER IN LAWS HOME WAS SERVED TO HER NIECE IN ANOTHER STATE (NY).

MY MOTHER IN LAW SAYS SHE DID NOT RECEIVE ANY SUMMONS IN HER STATE OF NJ. SHE DID RECIEVE A LETTER FROM HER MORTGAGE COMPANY STATING HER REQUEST FORM FOR HER "AT RISK STATUS" WAS UNSIGNED SO... Read more »

Derek John Soltis answered on May 3, 2019

Have your mother-in-law talk to an attorney. Attorneys cannot tell someone to tell someone else how to practice law. If you and she like you can be on the call.

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3 Answers | Asked in Foreclosure and Landlord - Tenant for New York on

Q: If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?

I am a tenant of a property that the landlord stated was going into foreclosure. The landlord vacated the property as of November 1st 2018 and at the same time my lease also ended. I continued to pay rent and she still collected payment from Section 8 Housing Authority as well. I put in for a... Read more »

Elaine Shay answered on Apr 17, 2019

According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on

Q: my husband has a mortgage in his name only in sc. Am i responsible for the mortgAGE if he defaults on the loan

D. Nathan Davis answered on Apr 16, 2019

The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan.

Of course, in any foreclosure, the lender...
Read more »

1 Answer | Asked in Foreclosure for Florida on

Q: We are renters of a house in foreclosure. The courts just issued the final judgement with a sale date of August 8.

Does that mean we have until the sale date to move out or is it 30 days after the judgement? We haven't received any notice ever. But we can see it online in public records.

Terrence H Thorgaard answered on Apr 15, 2019

You have until the foreclosure sale, assuming you keep paying your rent to your landlord (who will remain your landlord until the sale).

3 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on

Q: Mom is 87 yrs old and is behind on a 112,000 mortgage, can she walk away ?

There is no equity in the property

Terrence H Thorgaard answered on Apr 8, 2019

The mortgagee might seek a deficiency judgment against her, although it might not be possible to collect such a judgment.

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1 Answer | Asked in Foreclosure and Civil Rights for Oklahoma on

Q: I was given papers of Exicution if replevlin and order of delivery I'm currently leasing the mobile home. PTAFA????

I am boxing stuff and stacking it in the yard with nowhere to go.

Does the Protecting Tenats Against Forcloser Act not apply to me because it's a mobile home?

Jones, OK

Kyle Persaud answered on Apr 8, 2019

Was there actually a foreclosure lawsuit filed?

A foreclosure lawsuit is when there is a mortgage on a home, and the creditor files a suit against the homeowner, arguing that the homeowner has not paid the mortgage, and the creditor seeks to repossess the home.

You are talking about...
Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Civil Litigation for Georgia on

Q: There's a fake a fake data descent deed conveying land to The Heirs at law my grandmother left me that land in her trust

Bruce Alexander Minnick answered on Apr 8, 2019

If what you say is true, you will have to hire a probate lawyer who also knows how to litigate.

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Florida on

Q: I WAS DEFRAUDED IN RENTING A PROPERTY . THE PROPERTY WAS FOUND NOW TO BE IN FORECLOSURE . WHAT CAN I DO . NO MORE MONEY

TO PROVIDE FOR ANOTHER RENTAL . I WANT TO PAY THE TAXES AT A LATER DATE FOR THE PROPERTY NOW THAT I KNOW IT'S IN FORECLOSURE, BUT CAN THAT BE MADE LEGAL . I HAVE A FAMILY AND I NEED TO TURN A BAD SITUATION INTO A GOOD ONE . I BEEN IN THE HOUSE FOR 2 MONTHS . PAID THE GUY 5,000 TO MOVE IN . I WAS... Read more »

Terrence H Thorgaard answered on Apr 4, 2019

I assume it's a tax foreclosure rather than a mortgage foreclosure. In any event, it depends upon the terms of your lease if you have one. If you still have, pursuant to the terms of the lease (or at-will tenancy), the right to occupy the premises when the foreclosure is complete and the landlord... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on

Q: What can I do to stop foreclosure on my house involving a scam?

We got behind on our mortgage and received mail saying we could apply for a loan modification. This process started last August 2018 and the company had us pulling paperwork, pay stubs, etc, even had us mail cashier checks for $1900 4 different times, the last contact with them was the beginning of... Read more »

W. J. Winterstein Jr. answered on Apr 4, 2019

Depending upon the remaining amount of your mortgage arrearages (missed payments plus late charges and accrued interest), yes, there are alternative ways to stop, or suspend, the "pre closure process".

I assume you have received a letter notice of intent to foreclose, but you don't specify...
Read more »

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