Your current state is Virginia
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.
This may be true. To work through this, I'd have to review the terms of your purchase agreement.
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 »
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.
They have done it before (wayne frier v cadlerock joint)
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.
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 »
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 »
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 »
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 »
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
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?
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 »
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 »
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?
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 »
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 »
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.
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 »
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.
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 »
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 »
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 »
Please contact the State Bar and file a complaint.
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 »
No. Do you read the letter as requiring you to retain a lawyer? If you do, you are misreading it.
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 »
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 »
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.
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.
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 »
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.
You can, but the lender can still foreclose.
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 »
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 »
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 »
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.
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 »
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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