There is a big difference between the two. No lawyer is going to give you a tutorial. If you do not know what to do, hire a lawyer.
The mortgage guarantor sold our home through foreclosure sale to a 3rd party servicer through a referee's deed. There was no note attached to the mortgage. The servicer has no standing or interest in our home. The trust associated with the house is closed.
You haven't provided enough information for anyone to provide an answer.
With this said, New York is a judicial foreclosure state, which means that a foreclosure cannot happen without a Court Order. The process tends to take quite a long time, so it's extraordinarily doubtful that... Read more »
There is no note for my home. This is New York and the note was electronically recorded by MERS. We were not notified of the sale.
There appears to a lot going on. Send your case to a lawyer to get a free consult about what is happening.
Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.
Have you appealed the decision? When did you apply? What is your current interest rate?
There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.
We separated two years ago, and part of our agreement was for me to move out, and she'll retain the home, as long as she can maintain the monthly payments. At the time of agreement, I didn't have the resources to do things the RIGHT way and wanted the path of least resistance to just take... Read more »
What you have not confirmed is whether you are on title as well as the loan. If on title, bring a partition action to sell the property by court order, and in turn, pay off the loan. That may also force her to refinance. If there is no equity in the property, there is little you can do, but let... Read more »
When a mortgage and note (one document, titled NOTE AND MORTGAGE) is sold, the creditor/lender/noteholder/mortgagee changes, but the debtor/borrower/mortgagor stays the same.
If the debtor/borrower/mortgagor then sells the mortgaged property (the deed to his house), subject to the... Read more »
When a lender assigns a note and mortgage, the debt remains with the borrower even if the property is sold subject to the mortgage.
Foreclosure notice on the door do we have to pay rent? Is it a fraudulent lease since he didn’t tell us the house was in foreclosure? And is it true that the law change that you only have to pay one month security?
The whole thing may be a fraud. The "landlord" may not even own the house. If you paid already, you might call the police.
If you file a bankruptcy, the automatic stay will stop the lender from selling your house as long as you are eligible. Just filing a regular lawsuit usually will not stop a foreclosure sale.
You really should talk with a foreclosure defense attorney to go over all of your options. Most... Read more »
Bottom line I wasn’t given a opportunity to state my case .they didn’t own the note , this is why I never had that meeting .the opposition always made excuses why they couldn’t meet with me , and they got away with this ! What can I do to save my house ? It’s been a 11 year battle dealing... Read more »
It sounds like you are in a tight spot. You need to talk with a foreclosure defense attorney as soon as possible.
Already in foreclosure.
Being auctioned 1/24/20.
Are you the owner or the tenant? If you are the tenant, you have the same rights you had before, including a lease.
You need to file the bond with the clerk. There is a fee. The judgment will be stayed until the appeal is over.
I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding
It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully... Read more »
Bank open a foreclosure case with out client(bank) Signed affidavit .
If no affidavid shouldn’t open this case or
Shouldn’t started ? Am I wrong ?
How it’s work ? Thank you
Like other litigations, foreclosure cases are commenced by service of a summons and complaint not be service of an affidavit.
You cannot be evicted. Make sure you have a copy of your lease to show the buyer at the sale.
Do I need permission from the bank to remove my personal property before the sale?
Are you the owner or a tenant? If you are the tenant, the lender would have no interest in your personal property. However, if you start taking appliances, the lender may not believe you own them. Likewise, if you are the owner, the lender would not be interested in your personal property but... Read more »
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... 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.
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