I am the administrator of my father's estate. My stepmother who is predeceased my dad took out a mortgage in her name only several years before she died. My dad never had the mortgage changed to his name neither did he add it to any paperwork he just paid it when it was due. Since his death... Read more »
answered on Sep 9, 2022
You are getting bad information. If you are administrator, you are entitled to information. If a foreclosure has not started you have time. However, you will have to reinstate the mortgage by paying all arrears to avoid foreclosure. The bank will not take partial payment. Hire a lawyer to deal... Read more »
The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »
answered on Jun 24, 2022
1. Different counsel? Not relevant. Happens all the time.
2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.
3. Recourse? Make motion in court that entered judgment to vacate on improper service.
4.... Read more »
paragraph 9 or 10 in the note the waiver notice of presentment and notice of dishonor means in leyman terms
answered on Apr 16, 2022
You cannot determine the specific meaning without seeing the entire document. Any attempt to speculate is not going to be useful.
The bankruptcy is still in adversary proceeding at this time. It will probably be there for some time longer.. Does this mean the bankruptcy is still considered open? Is the stay in place until the adversary proceeding is complete?
answered on Apr 1, 2022
There is nothing stopping a lender from foreclosing after a bankruptcy is Discharged or Relief from Stay is awarded beforehand. The lender cannot begin foreclosure during a Bankruptcy case before the occurrence of either hypothetical.
Otherwise, no. There is no law the avails a grace period... Read more »
i was given a petition for forclosure and told that i need to be out of my home in 10 days... the loan is in my deceased wifes name any myself.. i had sent the paperwork 2 years ago to the bank for them to automatically take out of my checking account each month..i have a disabled daughter that... Read more »
answered on Feb 3, 2022
You need to retain an experienced mortgage foreclosure and bankruptcy attorney. Your home can be saved. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography... Read more »
answered on Dec 12, 2021
More facts need to be presented surrounding the "deed transfer."
answered on Apr 16, 2021
A Lis Pendens is a notice to the public that the property is subject to a lawsuit. What you really need to do at this point is to obtain an experienced mortgage foreclosure defense and bankruptcy attorney to represent you. During this pandemic, you have a choice of either seeing your attorney in... Read more »
Notice of pendency we are extended extensions to sell the house to them we have only received from them loan applications and not the commitment letter from the bank I'm really lost and I don't no longer know what to do is stating on real estate sites that it is pending sale but it is... Read more »
answered on Apr 7, 2021
It sounds like you should call an attorney who does real transactions for properties in foreclosure for a free consultation. Instead of trying to do everything yourself, it may be work checking with someone that you are not being ripped off.
answered on Apr 6, 2021
It sounds like he is in a foreclosure matter based on a notice of pendency. If he does nothing, eventually he will lose the house. If he starts replying or looking at loan modification, he can save his home. He just needs to start taking action.
How would someone find out that information? Is going through a lawyer the only way to get reliable infor.?
answered on Oct 16, 2020
No. Mortgages are junior to the taxes. Thus, they should be foreclosed out, unless the plaintiff failed to name it.
answered on Sep 3, 2020
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.
answered on Jul 16, 2020
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.
answered on Jul 15, 2020
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.
answered on May 27, 2020
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 »
answered on Apr 7, 2020
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 »
answered on Mar 19, 2020
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?
answered on Mar 14, 2020
The whole thing may be a fraud. The "landlord" may not even own the house. If you paid already, you might call the police.
answered on Feb 21, 2020
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 »
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