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Foreclosure Questions & Answers
Q: I lost my job after Hurricane Irma and am worried about falling behind on mortgage payments. My house was also badly
Terrence H Thorgaard's answer
No, probably not. Didn't they require insurance which would cover such damage?
No, probably not. Didn't they require insurance which would cover such damage?
Q: We have been renting a home for 18 mths now ..6 mths in I found out its in foreclosure proceedings since 2013.
Michael David Siegel's answer
Notify the bank, if you know who it is. Tell the landlord you are going to escrow the rent, until it is determined who should get it. You cannot be evicted if you have a lease.
Notify the bank, if you know who it is. Tell the landlord you are going to escrow the rent, until it is determined who should get it. You cannot be evicted if you have a lease.
Q: I need to know if we are liable for my mother's mortgage.
Cedulie Renee Laumann's answer
Generally speaking only the borrower(s) who signed is/are personally responsible for debt, although obviously the lienholder / mortgage company has rights to take back the property if the loan isn't paid. At times, however, relatives "assume" a mortgage, in which case they step in the shoes of the original borrower. If an estate has assets the estate can't disburse them to heirs without paying off the estate's legal debts (claims) first but generally heirs have no responsibility to pay a...
Generally speaking only the borrower(s) who signed is/are personally responsible for debt, although obviously the lienholder / mortgage company has rights to take back the property if the loan isn't paid. At times, however, relatives "assume" a mortgage, in which case they step in the shoes of the original borrower. If an estate has assets the estate can't disburse them to heirs without paying off the estate's legal debts (claims) first but generally heirs have no responsibility to pay a...
Q: Is homelessness a good reason to request a stay
1 Answer
| Asked
in
Contracts, Foreclosure and Landlord - Tenant
for
New Jersey
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Leonard R. Boyer's answer
You can certainly try, but the facts and circumstances of your situation, which you do not disclose will also be relevant to any decision. Good luck.
You can certainly try, but the facts and circumstances of your situation, which you do not disclose will also be relevant to any decision. Good luck.
Q: Grandmother passed and has a mortgage that is going into foreclosure what can i do to save it and stay in the home
Mr. James Parrish Coleman's answer
The short answer is that you have to pay the mortgage. You can't stay there and not pay. The mortgage company probably (if the mortgage is properly drafted) has a right to foreclose on the property and then get a foreclosure deed to the property without any Court proceeding. Then, you have 10 days to get out or you will lose your right to get back into the house by paying the mortgage. The mortgage company will file a lawsuit to have you put out of the house. You have to pay to stay.
The short answer is that you have to pay the mortgage. You can't stay there and not pay. The mortgage company probably (if the mortgage is properly drafted) has a right to foreclose on the property and then get a foreclosure deed to the property without any Court proceeding. Then, you have 10 days to get out or you will lose your right to get back into the house by paying the mortgage. The mortgage company will file a lawsuit to have you put out of the house. You have to pay to stay.
Q: If the bank forecloses on your house can they legally only give you 24 hours to be out?
Joseph A. Gangi's answer
It depends on the backstory. There are certain redemption rights after the sheriff's sale - check the notices your dad received.
It depends on the backstory. There are certain redemption rights after the sheriff's sale - check the notices your dad received.
Q: Hello, will a knowledgeable person please respond to the following questions.
1 Answer
| Asked
in
Foreclosure, Appeals / Appellate Law and Constitutional Law
for
New York
on
Answered on Sep 8, 2017
Answered on Sep 8, 2017
Q: Bankruptcy accelerates a debt, thus, does bankruptcy starts the clock for the statute of limitations to foreclose?
3 Answers
| Asked
in
Bankruptcy, Foreclosure and Real Estate Law
for
New York
on
Answered on Sep 6, 2017
Answered on Sep 6, 2017
Leonard R. Boyer's answer
You are totally confused. Filing Bankruptcy stops foreclosure unless the Lender makes a successful motion to vacate the automatic stay. 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 bankruptcy attorney you can...
You are totally confused. Filing Bankruptcy stops foreclosure unless the Lender makes a successful motion to vacate the automatic stay. 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 bankruptcy attorney you can...
Q: Do I have recourse on getting a deed?
1 Answer
| Asked
in
Family Law, Foreclosure and Real Estate Law
for
North Carolina
on
Answered on Sep 6, 2017
Answered on Sep 6, 2017
Amanda Bowden Houser's answer
If the house sold at public auction then likely the deed is no longer in your wife's name and the only way you will get that house back is to negotiate a purchase from the current owner. As to being legally separated - in NC there is no such thing as legally separated. You are simply either separated or you are not. So if you and you wife do not live together and at least one of you has the intention not to resume the marital relationship - you are as 'legally separated' as you ever will be.
If the house sold at public auction then likely the deed is no longer in your wife's name and the only way you will get that house back is to negotiate a purchase from the current owner. As to being legally separated - in NC there is no such thing as legally separated. You are simply either separated or you are not. So if you and you wife do not live together and at least one of you has the intention not to resume the marital relationship - you are as 'legally separated' as you ever will be.
Q: can a second mortgage holder claim to be processing foreclosure when first mortgage provider is being paid
Derek John Soltis' answer
Yes, a second mortgage can foreclose. This normally happens there is enough equity in the home that the first mortgage and second mortgage would both be paid if there was an auction.
Yes, a second mortgage can foreclose. This normally happens there is enough equity in the home that the first mortgage and second mortgage would both be paid if there was an auction.
Q: I am already in a bankruptcy yet I want to sue Citi Mortgage for all their wrong doing with my file. Can someone help?
Leonard R. Boyer's answer
If you are already in Bankruptcy and represented by counsel, then your questions must be directed to your attorney. If you do not have an attorney, you need to retain an attorney who practices both mortgage foreclosure defense and complex Chapter 13, so you MAY have a chance to save at least one of your houses.
You would be wasting your time trying to sue Citi Mortgage while you are in Bankruptcy, since it would just become part of your estate in Bankruptcy and you would not get...
If you are already in Bankruptcy and represented by counsel, then your questions must be directed to your attorney. If you do not have an attorney, you need to retain an attorney who practices both mortgage foreclosure defense and complex Chapter 13, so you MAY have a chance to save at least one of your houses.
You would be wasting your time trying to sue Citi Mortgage while you are in Bankruptcy, since it would just become part of your estate in Bankruptcy and you would not get...
Q: can i extend my time at property?
Jennifer Isaksen's answer
It is unlikely that you will be able to prolong the foreclosure sale. If the sale goes as scheduled on September 13, the property will likely go back to the bank or to a new owner. The Clerk of Court typically issues a Certificate of Title 10 days after the foreclosure sale. The new owner must give a tenant 30 days notice to vacate. Florida Statute, Section 83.561. Realistically, you are looking at November 1 to vacate. If you need more time, your best bet is to contact the new owner (or...
It is unlikely that you will be able to prolong the foreclosure sale. If the sale goes as scheduled on September 13, the property will likely go back to the bank or to a new owner. The Clerk of Court typically issues a Certificate of Title 10 days after the foreclosure sale. The new owner must give a tenant 30 days notice to vacate. Florida Statute, Section 83.561. Realistically, you are looking at November 1 to vacate. If you need more time, your best bet is to contact the new owner (or...
Q: Fl auction purchase Are you legally permitted to approach in occupation before you have certificate of title
Jennifer Isaksen's answer
You do not have ownership until the Certificate of Title is issued, so you would not want to attempt to gain occupation of the property. The sale could be set aside if there is an objection and some defect were found to make the sale void. Best of Luck! Jennifer
You do not have ownership until the Certificate of Title is issued, so you would not want to attempt to gain occupation of the property. The sale could be set aside if there is an objection and some defect were found to make the sale void. Best of Luck! Jennifer
Q: After you have purchased a home a foreclose auction can you approach the prior owner before title is issued?
Jennifer Isaksen's answer
Technically, you do not own the property until the Certificate of Title is issued, but I have seen new owners approach current owners by mail. I am a big believer in communication, so if it is that you are wanting cooperation for the new owners to move out, I think that's great. It typically works best if you have some incentive in it for their cooperation. Best of Luck! Jennifer
Technically, you do not own the property until the Certificate of Title is issued, but I have seen new owners approach current owners by mail. I am a big believer in communication, so if it is that you are wanting cooperation for the new owners to move out, I think that's great. It typically works best if you have some incentive in it for their cooperation. Best of Luck! Jennifer
Q: In NYS can the bank or creditors take a life insurance policy? House is in foreclosure process.
1 Answer
| Asked
in
Estate Planning, Foreclosure and Probate
for
New York
on
Answered on Sep 1, 2017
Answered on Sep 1, 2017
Barry Eran Janay's answer
No quick answer to these questions since more information is needed and some things simply won't be known. I am happy to assist and advise, but will charge a fee (reasonable). Please email me if you wish to discuss further.
No quick answer to these questions since more information is needed and some things simply won't be known. I am happy to assist and advise, but will charge a fee (reasonable). Please email me if you wish to discuss further.
Q: My house foreclosure sale was two days ago. How can I get my house back. I'm desperate, please help !!!!!!!
Leonard R. Boyer's answer
The only thing you can do at this point is pay that total amount due. If you did not file your Bankruptcy petition the right way or filed the wrong Chapter, then you prevented yourself from having a positive result. You also mentioned that you filed Bankruptcy before which could have also caused you problems, this time.
The only thing you can do at this point is pay that total amount due. If you did not file your Bankruptcy petition the right way or filed the wrong Chapter, then you prevented yourself from having a positive result. You also mentioned that you filed Bankruptcy before which could have also caused you problems, this time.
Q: Hello, I'm a renter in FL and just found out that the property I rent was foreclosed and bought by an investor.
1 Answer
| Asked
in
Foreclosure, Real Estate Law and Landlord - Tenant
for
Florida
on
Answered on Aug 25, 2017
Answered on Aug 25, 2017
Andy Wayne Williamson's answer
Totally depends upon a number of factors. First step would be to review your lease, know the date the foreclosure ended; the sale date ect.
Best advice is to consult with a real estate attorney in your area to get specific advice.
Totally depends upon a number of factors. First step would be to review your lease, know the date the foreclosure ended; the sale date ect.
Best advice is to consult with a real estate attorney in your area to get specific advice.
Q: As administrator of mom's estate should I give the mortgage company my SSN for a deed in lieu? They are asking for it.
1 Answer
| Asked
in
Estate Planning, Foreclosure, Real Estate Law and Probate
for
Florida
on
Answered on Aug 24, 2017
Answered on Aug 24, 2017
Kenneth V Zichi's answer
You should apply for a TIN for the estate and give them THAT number if they won't accept your mother's SSN as the TID number for their purposes. YOU are not getting the forgiveness -- the estate is -- and if they report that YOU got the income you will have to pay income tax on it!
OR it may make more sense to force the mortgage company to file the estate and do this without you getting involved at all! The facts are not sufficient enough to know for sure what you should or shouldn't be...
You should apply for a TIN for the estate and give them THAT number if they won't accept your mother's SSN as the TID number for their purposes. YOU are not getting the forgiveness -- the estate is -- and if they report that YOU got the income you will have to pay income tax on it!
OR it may make more sense to force the mortgage company to file the estate and do this without you getting involved at all! The facts are not sufficient enough to know for sure what you should or shouldn't be...
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