Foreclosure Questions & Answers

Q: Does previous owner have rights to claim personal items abandoned 2 years ago when they moved out .

1 Answer | Asked in Foreclosure for Tennessee on
Answered on Aug 14, 2018
Anthony Marvin Avery's answer
Yes. The Statute of Limitations on Conversion is three years. They could also sue you in General Sessions for an Action To Recover Personal Property. But I doubt any Magistrate will issue an Arrest Warrant for Theft of Property. It is basically a civil matter.

Q: I haven't paid my mortgage in almost 2 years and the bank is foreclosing. Can I save my house by filing for bankruptcy?

1 Answer | Asked in Foreclosure for Florida on
Answered on Aug 14, 2018
Terrence H Thorgaard's answer
No. The mortgagee will probably be able to get relief from the automatic stay.

Q: I live in Tennessee. 8 years ago we had a foreclosure. Can a debt collector still come after me?

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Tennessee on
Answered on Aug 13, 2018
Anthony Marvin Avery's answer
Not sure what debt you are concerned about. But the Deed of Trust Note must be sued upon within six years of default, unless some other period is agreed upon. Usually you will be served with the deficiency suit and the creditor will get a judgment which is good ten years from judgment.

Q: As a Defendant do I need to answer a Rule to Show Cause that the Plaintiff requested from the lender?

1 Answer | Asked in Foreclosure for South Carolina on
Answered on Aug 13, 2018
D. Nathan Davis' answer
Unfortunately, either your question lacks the required information or the Rule to Show Cause is grossly inadequate. A Rule to Show Cause is an Order to Show why you did or did not do something. The Rule to Show Cause should tell you what the Court is asking of you specifically. A Rule to Show Cause is both an Order to Appear for which you could be sanctioned for failing to appear and to respond to a specific question of the Court.

You really need to review the Rule to Show Cause...

Q: I had my day in court and still nothing got done or decided !

1 Answer | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Aug 12, 2018
Timothy Denison's answer
You may need to get approval from the Court to incur new debt, but it is a very viable alternative to continuing with these”investors.”

Q: What is a deed in lieu of foreclosure?

1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Answered on Aug 11, 2018
Diane L. Drain's answer
Here is an article that should answer your questions: https://dianedrain.com/real-estate-articles-links/deed-lieu-foreclosure/

My best.

Q: I was forced out after foreclosure and left a lot of personal property behind what happens to that property?

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Answered on Aug 11, 2018
Leonard R. Boyer's answer
You need to contact the new owner, or if that does not work, you can retain an attorney to try and settle it for you. In addition, to eliminate your personal liability for the foreclosure, you need to retain an experienced bankruptcy attorney to handle your case.

Q: My niece has POA for my grandmother. For some reason she has stopped paying my grandmothers mortgage payments. The house

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Elder Law for California on
Answered on Aug 7, 2018
Genene N. Dunn's answer
Yes, your niece can absolutely get in trouble for not paying the mortgage, but she may not be the only person responsible. It depends on who is on title, who is on the mortgage, what the trust says, etc. If your grandmother has capacity, she can probably sign some documents that will help remedy the situation. If she does not, then someone may have to go through conservatorship proceedings to take over your grandmother's affairs or potentially file a petition for the trust depending on...

Q: My dad stopped making his mortgage payment on his home in Unadilla, NY in Jan 2016. He moved out of state after that.

1 Answer | Asked in Foreclosure for New York on
Answered on Aug 5, 2018
Michael David Siegel's answer
They need someone to sue. The divorce nullifies the bequest to your mom. If your dad was sole owner, you need to bring an estate administration to deal with the bank. If there is no equity, it may not be worth the effort, and just let the property go. No one is presently in position to be served as the defendant.

Q: Grantor 1)RUFFIN, AUSTIN 2)RUFFIN, PARIS M W 3)WILLIAMS, PARIS M Grantee BANK OF AMER normal or i have a case?

1 Answer | Asked in Identity Theft, Bankruptcy, Foreclosure and Probate for California on
Answered on Aug 4, 2018
Bahram Madaen's answer
Send me a copy of the loan docs and the notices. I had almost exact issue with BoA couple years ago. The bank was really slow to respond and we had to bring a lawsuit. It took a year to get rid of the loans.

Q: general question: what happens when a foreclosure is overturned if the buyer already sold the property who loses money?

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Answered on Aug 1, 2018
Jay Schmerler's answer
This "hypothetical" sounds like a Bar exam question. The scenario should never have happened if B & C did their due diligence. You don't say what you mean buy Mr. A "overturning" the foreclosure. If you mean redeemed the property from the sale within the time allowed, then Mr. B didn't wait out that period and Mr. C was not very bright to buy under those circumstances.

Q: Update. Manager said they have 30 days to provide us w/a written response after we faxed PROOF of pymnts. Is that legal

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Answered on Aug 1, 2018
Jonathan A. Klurfeld's answer
Yes its a huge corporation moving around millions of dollars, they can't just go look at the register like local mom and pop shop. 30 days is also the reply timely to verify a debt per the FDCPA. Best tip is simply pay what is due to bring the account current RATHER than paying a lawyer. It's only 2 months, not 20 here. At WORST you have credits on your mortgage and paid it down by 2 payments. But if you let it get too far behind interest and late fees will pile on. Simply pay the amount...

Q: I purchased a house before I married my current husband. Its in contract to sell. He won't sign for it to sell.

1 Answer | Asked in Bankruptcy, Divorce, Foreclosure and Real Estate Law for Ohio on
Answered on Jul 31, 2018
Timothy Denison's answer
File for divorce and get an order to sell the house from the divorce court.

Q: I'm a renter in Indiana. Land Lord is severely delinquent. What are my rights.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Indiana on
Answered on Jul 31, 2018
Alexander Florian Steciuch's answer
If your landlord is not paying the mortgage on the property, it is not an issue for you until the foreclosure proceedings begin. If the property you are living in is foreclosed on successfully by the bank or mortgage holder, your landlord will have violated the lease agreement as they can no longer provide you with a place you can live.

Q: I don't know what to do! No attorney and being sued. What do I do when I haven't even got into my late dad's bank????

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Probate for Texas on
Answered on Jul 31, 2018
Terry Lynn Garrett's answer
If your father left no more than a home, $60,000 in personal goods and household effects and $75,000 in other assets (such as a car or bank accounts) you can file an Affidavit of Small Estate. The court filing fee ranges from about $300-350, varying with the county. If you file an Affidavit of Inability to Pay Court Costs and that is accepted, the filing fee will be waived. An Affidavit of Small Estate must be signed before a notary by all the heirs at law and by two people who will not...

Q: Will filing for bankruptcy stop a foreclosure?

1 Answer | Asked in Foreclosure for Florida on
Answered on Jul 27, 2018
Terrence H Thorgaard's answer
It will probably delay it. But eventually the plaintiff will probably move for relief from the automatic stay in bankruptcy, so that the foreclosure can continue.

Q: I have foreclosure case that i want to take to trial i got a ore tenus non jury granted but i do want a jury

2 Answers | Asked in Foreclosure for Florida on
Answered on Jul 27, 2018
Terrence H Thorgaard's answer
Normally a jury trial is not available in foreclosure cases.

Q: We received a letter in the mail today from U.S Bank, the letter is a verified amended complaint to foreclose mortgage.

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Answered on Jul 27, 2018
Terrence H Thorgaard's answer
That is rather unusual. Your landlord would normally have refinanced when she bought the property, and the previous owner would no longer have a mortgage on the property. Presumably you ("unknown tenant"), perhaps are named as a defendant. if the foreclosure sale happens, you could be asked to leave. You probably should have an attorney take a look at it.

Q: Is it illegal to pursue a tax delinquent property owner for the sale of their house if the foreclosure wasn't filed?

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Maryland on
Answered on Jul 27, 2018
Cedulie Renee Laumann's answer
You essentially ask about tax sales. Each county has different dates and specific process for the sales/bidding, but in Maryland if the taxes are ~6 months or so past due, the county holds an auction. The county will advertise the auction in advance. The property owner can pay up the taxes, in which case it won't go to tax sale and the record owner will keep their ownership. If it does go to tax sale, an investor can bid on the property. The winning bidder receives a tax sale certificate....

Q: Reverse mortgage company problems. 1. We are in probate 2. They would not speak to the heirs until probate was opened

1 Answer | Asked in Civil Litigation, Probate, Foreclosure and Real Estate Law for California on
Answered on Jul 26, 2018
Richard Samuel Price's answer
First thing to do is to negotiate with the lender to delay the foreclosure. As a last resort, you can file a TRO to stop the foreclosure. In the meantime, sell the house and pay them off. You need an attorney.

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