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Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for New York on
Q: I own a Florida timeshare. The owner filed a non-judicial foreclosure demanding payment of assessments owed.

If sold pursuant to foreclosure can they keep entire proceeds even if it exceeds amount owed to Timeshare Company. I called and was told that I lose ownership in this foreclosure.

Michael Hales
Michael Hales answered on Oct 14, 2019

This may be true. To work through this, I'd have to review the terms of your purchase agreement.

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New York on
Q: Adverse Possession ? 1/11/2006 foreclosed 6/2006, knew not a thing about it and they sold it 3/2015. Does this meet it

Said they served my daughter 1/11/06, Forecosed on 6/2006. Knew nothing until 3//2015. 3/2015 Friend told me my home was being sold. 1/2005 home next door was 100% destoyed by water damage. The bank knew for a fact where I was living.

My daughter stated in court papers she was never... Read more »

Elaine Shay
Elaine Shay answered on Oct 8, 2019

I'm sure you are anxious for an answer but a real answer to your situation would best be sought by having an attorney review all the documents and facts related to your situation.

1 Answer | Asked in Foreclosure and Civil Litigation for Florida on
Q: Florida. Being sued. How to ask for arbitration AND answer complaint. Strongly believe Plaintiff is committing fraud.

They have done it before (wayne frier v cadlerock joint)

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 7, 2019

Depending upon what kind of lawsuit it is, unless the documents underlying this dispute require the parties to arbitrate you can only ask the court; and if you mean you want court ordered mediation the same applies. Ask.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Missouri on
Q: In MO Landlord passed away 6 months ago. House is in foreclosure or probate.Idk which. Who is responsible for repairs?

I received a letter from an attorney telling me to pay the rent to a local bank instead of the landlords son, which I had been doing. I contacted the bank about the heater needing repair. They told me that since they don’t own the property they are limited in what they can do. Should I pay for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 30, 2019

Missouri law provides a specific procedure for making repairs and deducting the cost from the rent. At the very least, you should notify both the bank and the lawyer IN WRITING of the habitability issues that need to be addressed and your intention to repair and deduct. For detailed information on... Read more »

1 Answer | Asked in Foreclosure for Florida on
Q: My house in Puerto Rico is foreclosed. Can a bank from PR put a a deficiency judgment on my wages if I live in FL?

We moved out from PR 5years ago, we tried to sell the house in PR but we couldn't. We decided to voluntarily turn in the house to the bank under the loss mitigation program. The bank didn't approve the turn in, they said we have sufficient income to keep paying. We were foreclosed. Can a bank in PR... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 19, 2019

Yes, they can attempt to collect the judgment in Florida. If they record it in the county where the house is located, that constitutes a lien. They can collect the judgment by, as is most common, garnishing your wages or bank account. If that happens, you will be given a hearing at which you... Read more »

1 Answer | Asked in Foreclosure for Florida on
Q: I am a tenant that signed a lease just 7 months ago apt went into foreclosure (Florida), Can I stay until my lease end?

I live in Florida. Rented an apartment in February of 2019, 2 months later the apartment goes into foreclosure... Can I legally stay until my lease ends in February ? I was told I have 90 days to move out

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2019

Who told you to move out in 90 days? The landlord/ mortgagor/ defendant in the foreclosure action can't evict you unless you have violated the lease. Otherwise, the purchaser at the foreclosure sale can evict you; has the foreclosure sale been scheduled yet?

1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: I am concerned that I am signing a lease agreement on a house that is going to go into foreclosure .

I’ve been offered a lease agreement at a very low rate considering the property. It does have cosmetic issues, and is in need of quite a few repairs, but overall in decent shape.

I’ve verified that the person that I am dealing with is in fact the owner of the home already, so I do not... Read more »

Peter H. Westby
Peter H. Westby answered on Sep 11, 2019

You have rights under the Protecting Tenants at Foreclosure Act. In the event the house you are renting is foreclosed upon, you have a right to a minimum of 90 days notice before your lease can be terminated. And if the buyer is a business or other entity that has no plans to use the home as a... Read more »

1 Answer | Asked in Foreclosure for Michigan on
Q: Hello. I am looking to investigate a foreclosure on a house back from ca. 2007 - 2010 with the lender being BofA...

I was req'd to fill a Form 1099-A for the Value of the House being more than what was owed. 'looking to send an inquiry to lender seeking funds, even though foreclosed?

David Soble
David Soble answered on Sep 10, 2019

First, your rights to challenge the foreclosure or anything related to the foreclosure action have been extinguished when your redemption period expired. Second, you should not have had any tax consequences related to this transaction if the bank received their monies owed at the time of the... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: My husband and sister-in-law inherited a property in Jefferson New York. Need to foreclose, who would be a good lawyer?

Sold property in 2005 on 30 year contract to family member and his wife. Received payments until 2008, and then had several payment in default. Between 2005 and 2008 Mortgagees took out home equity loan with bank. Paper was signed to allow this to happen. Later on they apparently needed more money,... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 4, 2019

You may have statute of limitations problems. Depends on the payments and documents in these deals. Search this site for a foreclosure lawyer in the area.

1 Answer | Asked in Foreclosure for Florida on
Q: Can I be sued again in a foreclosure for a condo after I surrendered in CH7 and moved out n in 2009, foreclosed in 2012?

I filed Ch 7 in 2009 and my condo was included and “surrendered” with the bankruptcy and I moved out before I filed. The condo association took possession and began renting it out. In 2012, the foreclosure judgement was final, the condo was officially sold to the condo association and title... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 1, 2019

It's difficult to know why you are being sued without reviewing the complaint, but it does appear that you shouldn't have been named in the suit. Contact the bank's attorneys and ask that it be dismissed as to you.

2 Answers | Asked in Foreclosure for Pennsylvania on
Q: Hello,Our home is to be sold at Sheriff sale on 12/13/2019. Both our names are on the note and the deed.

I moved out 3 years ago and my ex still lives in the house. I refuse to sign any type of Short, Quick sale, agreements, remodafcation mortgage papers etc, before the 12/13/2019 deadline. does she have any type of recourse to go ahead and sign said papers on my behalf without my knowledge?... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 28, 2019

To answer your very specific question-

No, you cannot be coerced by a foreclosure court or probably any other judge to sign off on any of the types of consensual agreements that you list. Probably the more important question is about what you hope to accomplish by your refusals....
Read more »

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4 Answers | Asked in Bankruptcy, Consumer Law, Foreclosure and Business Law for California on
Q: Sold gas station due to bankruptcy but lawyer may be taking advantage of a senior citizen. What to do?

My dad sold his gas station about a year ago (as it was in bankruptcy). He had to go through the court system to negotiate a deal with the buyer and was asked to pay a portion of the funds to lenders to pay off debt owed. He would still be left over with a good amount of money (close to $70k+). To... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 26, 2019

Please contact the State Bar and file a complaint.

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1 Answer | Asked in Foreclosure for Florida on
Q: my hoa is suing me, must I retain a lawyer to represent me?

Scott Tankel

Thu, Aug 22, 10:14 AM (2 days ago)

to me, Jameson

Mr. Glover,

If you are represented by an attorney, please provide their contact information and have them reach out to our office immediately. We will not discuss this matter further with you if you... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 25, 2019

No. Do you read the letter as requiring you to retain a lawyer? If you do, you are misreading it.

1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on
Q: Can a homeowner still sell the home that is in foreclosure and pay off the loan to the bank before the bank sells ?

The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 22, 2019

You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they... Read more »

3 Answers | Asked in Estate Planning, Real Estate Law and Foreclosure for Ohio on
Q: I lived with my fiance for 12 yrs. and he passed away on May 31. His house is in mortgage and they want their money.

I am not able to pay the mortgage due to waiting for opers benefits and for his family's attorney to get everything put into my name. i need to know what i can do before our house is taken from us. Was planning on paying off mortgage once i received his opers benefits.

Taylor P Waters
Taylor P Waters answered on Aug 22, 2019

That depends, there are a few ways to delay foreclosure and hold the bank off depending on where you are in the process. It would be difficult to answer without more information.

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1 Answer | Asked in Foreclosure for New York on
Q: I have now been named and served as a defendant in the foreclosure of my mother's house, as she passed...

I received the summons yesterday (my husband answered the process server for me). I am not on the deed nor note for this house, and do not plan to contest the foreclosure, however, I want to remain in the loop about the proceedings. I also, do not want to hand my rights over to the bank's attorney... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 21, 2019

There is a special notice of appearance for foreclosures. I charge $500 to file it and monitor the case. It gives you notice of all proceedings, and any surplus issues. You do not owe anything. You are being named as an heir, I assume. The papers will say.

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: The home ive lived in for 40 yrs. is in short sale. what rights do i have if i still live there?

my dad died and my sister was named executer to his estate . We found he was behind on his mortgage and the house was going into foreclosure. my sister got a probate lawyer and hot the house approved for short sale. An auction date has been pushed back to september . i got served with a 60 eviction... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 19, 2019

It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you out... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Banking on
Q: What if the lis pendens the servicer merged and changed names shouldn't a new lis pendens be filed with the new ?

If a lis pendens was filed in the county records in 2017 and we filed for bankruptcy to save the homel and while through bankruptcy the servicer whoever they are now refused to take our pre petition and post petition payments and thus we couldn't get to a modification agreement with this company... Read more »

Timothy Denison
Timothy Denison answered on Aug 16, 2019

The lid prndens recording does not have to be changed upon transfer between companies. It is simply there to put the world on notice as to potential litigation involving that property.

1 Answer | Asked in Foreclosure for Florida on
Q: Can the bank require more than the amount awarded in a foreclosure final judgement to pay off the property?

Our home was recently foreclosed in Orange County, Florida. The court has postponed the auction because we are about to close on the sale of the property to settle the debt. The bank submitted a payoff statement to the title company that is $20k higher than the final judgement award. Isn't the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2019

Yes, the judgment amount (including interest accruing from the judgment date) should be the payoff. Check with the law firm that did the foreclosure for an explanation of the discrepancy.

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