Get free answers to your Foreclosure legal questions from lawyers in your area.
Your current state is Virginia
I filed a stay on a writ of possession in a foreclosure case yesterday, and today I checked the portal, which indicates my foreclosure case has been reopened. I have not received direct confirmation that the stay has been granted. I filed the stay based on the violation of the maxim of commercial... View More 
answered on Mar 12, 2025
If this was an eviction rather than a foreclosure, No. It just means the file was reopened. It is possible the request may be denied by a Judge without a hearing if there was no sufficient basis alleged. The Judge may schedule an emergency hearing if you did not request a hearing and pay the... View More
I received a notice from a tax lien holder's lawyer with a 30-day deadline to redeem a tax certificate or face foreclosure. I redeemed the certificate at the tax collector's office within 24 days and received a receipt, but this was after the 2-year redemption period had ended. However,... View More
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answered on Mar 9, 2025
Unless you have a consultation with an experienced mortgage foreclosure defense attorney, it is impossible to know if you are correctly stating what the legal pleading you received actually is. If the two year redemption period has ended then it was too late to redeem the tax lien certificate.... View More
In a foreclosure case in New York, where a judgment has been entered and a sale date set, I am filing a motion to show cause due to arguments of fraud and deception by the plaintiff. The case has already been litigated. Will this motion go to the judge currently presiding over the foreclosure case,... View More
answered on Mar 8, 2025
Under the circumstances, you really should be hiring an attorney to represent and counsel you regarding legal strategy.
First, the legal process you're referring to is called an "Order Show Cause," not a "Motion to Show Cause". If you file this legal process as a... View More
I am considering bidding on a second chance foreclosure property in Pennsylvania. The auction offers the property with a Special Warranty Deed (Quitclaim) and mentions no warranties. The property has a first and second mortgage, and the total outstanding amount for both is $198,000. If the winning... View More
answered on Feb 24, 2025
When finished (judicial Order confirming sale), a judicial foreclosure removes all liens, and Sheriff pays on taxea, poundage and liens per PA priority.
All liens foreclosed are removed from property and successful bidder gets Sheriff's feed (a quitclaim deed).
If a... View More
My mother passed away, and her will appoints me as her Attorney In Fact to sell or distribute her goods. She may be upside down on her mortgage, and I am not on the mortgage. Her will does not specify what to do with the house. I contacted her mortgage lender, and they requested her death... View More
answered on Feb 24, 2025
The answer depends on a few factors, but first, a point of clarification. If you hold power of attorney for your mother, you no longer have the authority to act on her behalf after her death under that document. If she had a will, the executor named in the will is the person with authority to act... View More
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answered on Feb 4, 2025
Typically, lenders postpone sales, often repeatedly, while someone in in bankruptcy. That way, if the case is dismissed, or if the Court grants them relief from stay to proceed with the foreclosure, they don't have to start the process over again. The best way to prevent the lender from taking... View More
The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?
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answered on Feb 2, 2025
As long as you keep making the payments on time the lender cannot foreclose or call the loan due. You also are not obligated to assume the loan. This is federal law that applies if you are a family member of the deceased. If you were not related to the deceased then you might consider selling the... View More
The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?
answered on Feb 2, 2025
More information is needed to properly answer your question. One thing to note is that all debts and taxes must be paid before real estate may be distributed to the beneficiary (assuming the real estate was solely in the deceased person’s name.) So, if someone passed away and left only $10,000 in... View More
answered on Jan 29, 2025
Yes, you can file an application for writ of habeas corpus to secure your release from jail. Whatever court put you in jail for non-payment of your HOA fees clearly abused its discretion in violation of the Texas Constitution. A court can jail you for disobeying court orders like orders... View More
My girlfriend had her house sold due to a wrongful foreclosure and we don't have money for legal help so we're trying to do this on our own
answered on Jan 27, 2025
Prepare and file a verified motion for continuance setting forth the reason why you need a continuance. There are specific rules dealing the absence of a witness which require certain information. Be as specific and detailed as possible. For example, when I moved for continuances due to... View More
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
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answered on Jan 23, 2025
If your name is not on the deed, you are not the owner. I do not know who you are referring to when you say "They".. There are also several facts that you have not provided. Who wanted more, who evicted you, and why are your belongings still there? Was the house sold at auction... View More
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
answered on Jan 23, 2025
When someone dies and has a Will, the Executor manages the estate, including the real property, until the Executor distributes the property to the named beneficiaries. The Executor's duties include ensuring that the property is secure. Effectively, the Executor is the landlord of the premises... View More
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
answered on Feb 19, 2025
I’m very sorry to hear about your situation—it sounds incredibly difficult. Based on what you’ve described, there could be a few legal considerations regarding liability for your belongings.
Ownership & Access Rights
Since you are still a 1/4 owner of the property under... View More
Looking for general info. Looking to buy a foreclosure in the very near future
property is currently occupied by owner on foreclosed loan
answered on Feb 9, 2025
It's a relatively simple process. You file a detainer warrant with a copy of the Trustee's Deed or Substitute Trustee's Deed attached to it. It is only very rarely when someone has a defense to the detainer. Typically the occupant does not show up. Once you get a judgment, if... View More
This could become federal but the civil filing continues to know I have no attorney because of the facts above
answered on Jan 17, 2025
Sorry to hear you are going through that ordeal. Your inquiry is vague as to whether you or someone else is the embezzlement victim, but I'm guessing from your wording that your lawyer had to withdraw from your case because he/she has been charged with a crime against someone else, and the... View More
answered on Jan 16, 2025
Do not, under any circumstance, sign a contract with a non-attorney for surplus funds recovery in Georgia. Many of these "mortgagor's agents" are unscrupulous and prey upon vulnerable people who have just been foreclosed. These "agents" then turn around and hire an attorney... View More
And sold the house they sold it for a fair price and my entitled to extra money if there is any, it was definitely enough to pay off the loan and pay off other debts. How do I find out any of this information?
answered on Jan 13, 2025
The trustee is required to provide you with notice of any money you are owed from the auction within 30 days of the foreclosure. If you haven't received that, there may not be any money. You can request the details from the foreclosure including the payoff amount and highest bid directly from... View More
Whom ever bought the 2nd? Do I have to give my home/retirement to 2nd mortgage buyer? This is in California
answered on Dec 20, 2024
If your second mortgage foreclosed on you, you are no longer the owner of the home. There is no need to pay the first mortgage. Whoever purchased the property at the foreclosure auction will have to pay your first mortgage if they want to keep the property. All hope is not lost though, you may be... View More
I assumed my mothers mortgage acct with W F same bank as checking acct .3 times now they have refused payment making my regular payment triple and my mortgage acct default . What can I do?
answered on Nov 18, 2024
You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it... View More
I live at and this my primary residence
answered on Nov 9, 2024
Stopping a foreclosure on a hard money loan may be very difficult. If this property was your primary residence prior to taking out the loan, you may be entitled to additional protections. However, many times the paperwork that you sign when you take out the loan includes an affidavit where you... View More
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