4 years ago, owner passed away (no will/heirs). We made payment to lender until 3/2021 at which time, payment was refused (we now know, due to lender selling loan). Property is now in foreclosure and due to be auctioned 3/15/23. Property is worth $150,000. Loan is $20000.
answered on Jan 22, 2023
I don't see a question here. From your description, you do not own the house, the payments have not been made, and the lender is foreclosing. Which they have a right to.
I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... Read more »
answered on Nov 16, 2022
You cannot garnish the sisters account if you do not have a judgment against her.
Father-in-Law helped his daughter by buying a trailer home for her. The trailer is in Arizona where he also lives (but not in the trailer with her). She has lived in the trailer since 2000 when her Dad purchased it.
Daughter was added to the deed as Joint Tenant (JTWROS) couple years... Read more »
answered on Mar 2, 2022
You are wise to be thinking about this proactively. The federal law that prohibits lenders from calling the loan due when the borrower dies applies to traditional homes and also "residential manufactured homes", so the answer depends on whether the home is a "residential manufactured... Read more »
I have a copy of the will where he states who each property would go to. We also know he had life insurance and his business that was not distributed properly or at all for that matter. The homes he left to family in the will were in Forclosure due to the person not distributing everything the way... Read more »
answered on Mar 9, 2021
I am so sorry for your loss.
I apologize. I don't know if I understand you completely. If the estate is being held by Treasury, is it because there are back taxes which need to be paid?
To answer your other question. A copy of the Will won't be enough. The will must be... Read more »
answered on Feb 22, 2021
Perhaps, but this is a complicated question without any information (somewhat like sending your doctor an email asking about "that weird growth on your arm"). You obviously know about the foreclosure, or you would not be asking the question. I highly recommend you talk to an experienced... Read more »
The land patent was obtained at the same time period as I revested title, "citizen" for "sovereign" when I discovered The United States of America became The United States of America INC. in 1878. DC became an entity and was used as collateral to UNK as collateral for money... Read more »
answered on May 13, 2020
Assuming the land patent is in your chain of title, If you granted the land as security for the mortgage, then no the mortgage is superior to your personal claim of title as a citizen, etc. If there are two chains of title, then the one with an earlier Warranty Deed is probably superior due to... Read more »
answered on Apr 3, 2020
You are posting this in Arizona. Try reposting so Idaho attorneys can see it.
8 years after my 2nd mortgage forclosed I found out the frst mortgage loan which was an fha, is still in my name. The loan is active and payments have been made by someone without my knowledge for 8 years. My name is listed on the contact information but the contact adddress and phone is that of... Read more »
answered on Mar 4, 2020
This happens all the time. The first loan has not been paid off, therefore there is still debt owing - by you. If this is Arizona property, under 2 1/2 acres, then lender can foreclose if the loan is not paid, but they cannot sue you. That is the good news. The bad news is that you still have a... Read more »
For back due taxes on his business. I want my half of the value of the property before it forecloses.
How do I put a lien on this?
answered on Feb 20, 2020
An owner cannot have a lien on their own property. If the lender was an entity of the owner, then the entity can have a lien. Talk to an experienced litigator, with real estate experience.
answered on Jan 3, 2020
The information you provide is very limited but if you did not wish to retain the timeshare, allowing it to be taken via a foreclosure process is not a problem. The issue that may come up is whether the management company will seek to recover any past due amounts on any lien or for maintenance.... Read more »
Checking the county recorder's office, this was recently filed. The bank foreclosed, but it looks like she wants to live in the house awhile after the auction. How much trouble will a Lis Pendens be? It could be that she thinks no one will bid on her house with that move. I don't... Read more »
answered on Jan 2, 2020
A lis pendens is intended to give notice of litigation that is currently pending and concerns issues of title or ownership of the real property. It creates a unlawful cloud on title if used for any other purpose and can be removed by court order if necessary. Assuming the pending foreclosure was... Read more »
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 »
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 »
Do I have to let them ?
answered on Nov 8, 2018
No, you can deny anyone the right to access your property, unless they have a court order or your deed of trust provides the lender can.
answered on Oct 2, 2018
Since you asked about home loans - plural, then the answer is "maybe". It depends on the type of loan, the use of your property and why it was purchased.
I am buying land and if late 41 days a deed in lieu of foreclosure id filed - does the property /land go back to the owner/seller and the slate is clean or does the owner still sue for the remaining unpaid loan balance on a owner carry loan
or do we just walk and the owner takes current... Read more »
answered on Aug 11, 2018
Here is an article that should answer your questions: https://dianedrain.com/real-estate-articles-links/deed-lieu-foreclosure/
My best.
answered on Jun 16, 2018
First, you want to make sure you are asking the correct question. In Arizona typically a home is sold via a trustee's sale, not a foreclosure. In that case there is no redemption period, but there is a reinstatement period. If the house is sold by a sheriff, after a judicial foreclosure,... Read more »
I was added to a property title long before it went into foreclosure and wonder what happened to the excess funds
answered on Apr 9, 2018
Any excess sale funds are deposited with the Treasurer's Office and a complaint filed in the county where the property is located.
I hope this is helpful.
answered on Feb 21, 2016
More info is needed. Talk to a real estate or tenant's rights lawyer ASAP.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is... Read more »
My sister is facing foreclosure and signed up with a company to help her out of foreclosure by first saying they would fix her house and then they would split the profit. After they received all the bank information they said their wasn't enough equity to do the split arrangement so they... Read more »
answered on Feb 9, 2016
To advise about a written agreement, the document must first be reviewed.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is... Read more »
Rental property was used for parents of our foster child. They destroyed the property and we asked CITI for a short sale. I further spent over $2,000 to make the property presentable. Realtor had an offer for $30,000. CITI denied and asked for $34,000. Buyer refused. CITI foreclosed and it... Read more »
answered on Dec 19, 2015
Nor sure who you are looking to sue. You can talk to a real estate lawyer about your potential claims.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your... Read more »
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