Sale dates are set by the Referee and are advertised as per court order. Thus, your question makes no sense.
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.
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 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.
I cannot afford a lawyer, I want to Kno if any lawyers do any pro bono cases. For my children's sake, I need to get the deed transferred to my name, for the mortgage company, so I have a chance at saving the house, so we don't become homeless. If someone is willing to help me, I can work out a... Read more »
I am not sure you need to do what you think you need to do. It depends on the equity, if any, in the house.
I am a title reader in NYC, a deed went on 2017 out of a referee to an LLC. The lender foreclosed on the estate of the owner and the action shows no proof of publication and no proof of notice of sale. The LLC is now trying to sell the property. I believe the action can be set aside but want an... Read more »
Normally the proof of publication is filed with the case. If you give an attorney the case number it is fairly easy to find if the case was filed after 2011 otherwise it would need to be pulled from the courthouse itself.
My mortgage company is going through bankruptcy but threatening me with foreclosure on my home due to failed payments. How can they come after me when they themselves aren’t in good financial satisfactory.
You owe them. They do not owe you. Your loan is an asset for their creditors. You need to pay.
For 5 years A friend and I rented a couple rooms at house owned by another friend to assist with the mortgage after her husband left. The three of us lived in the house together. We did not have a lease and paid cash every month. I am aware of the big mistake this was. Two years, just before I... Read more »
What I cannot understand from your post is whether you are on the mortgage or not. You could be named as a tenant, in which case you can ignore it. But if you are obligated on the mortgage debt, then you need to get involved.
A FORECLOSURE NOTICE FOR MY MOTHER IN LAWS HOME WAS SERVED TO HER NIECE IN ANOTHER STATE (NY).
MY MOTHER IN LAW SAYS SHE DID NOT RECEIVE ANY SUMMONS IN HER STATE OF NJ. SHE DID RECIEVE A LETTER FROM HER MORTGAGE COMPANY STATING HER REQUEST FORM FOR HER "AT RISK STATUS" WAS UNSIGNED SO... Read more »
Have your mother-in-law talk to an attorney. Attorneys cannot tell someone to tell someone else how to practice law. If you and she like you can be on the call.
I am a tenant of a property that the landlord stated was going into foreclosure. The landlord vacated the property as of November 1st 2018 and at the same time my lease also ended. I continued to pay rent and she still collected payment from Section 8 Housing Authority as well. I put in for a... Read more »
According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from... Read more »
When a lender/bank starts the foreclosure process,how long do they have to complete it.is there a status of limitation.
Let me clear up a few issues. A "statute of limitations" refers to the time to commence a suit. Your case is commenced, so this no longer applies. Once commenced, there is no amount of time in which a case must be completed. Many cases remain open for years.
Having problems claiming surplus funds from auction sale of home
Your question is unclear. Surplus is claimed after the sale. You say you are about to lose your home. Creditors with judgments are named in the foreclosure as the judgment liens impair title. These entities can claim the surplus too.
You owe it, or there will be a tax foreclosure. The bank might pay it, but if they have not yet, the bank is not likely to do so in the future. The tax foreclosure goes like a regular foreclosure.
My house was foreclosed on receive a letter to vacate have three children in school and my funds are limited
No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.
For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not... Read more »
with a forwarding address, can the CPLR 3215 g Affidavit of Additional Mailing be amended with new date AND forwarding address? OR, does a totally new Affidavit have to be done?
The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.
I just realized that there has been an issue with the auto-payment of my mortgage (apartment in New York) since May 2018, causing me to miss the mortgage payment since May. I live overseas and therefore don't have any access to mails going to the apartment in New York. My banker told me that this... Read more »
No, you cannot get all information on this site. Call the court clerk for the Supreme Court in your county, and ask.
Sure. But it is still subject to the mortgage.
Not really. The military protections consist largely of making sure that those serving on active duty are not foreclosed upon in absentia. With that said, there are loan modifications available through the VA and/or Ginnie Mae that are specifically designed to give those associated with the... Read more »
if shareholder been late on maintenance a couple of times, can board foreclose on him?
It depends on the proprietary lease. In theory, yes.
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