Get free answers to your Foreclosure legal questions from lawyers in your area.
I have a piece of property that was foreclosed on by a Homeowners Association. I have not received anything in the mail regarding the foreclosure. I learned about this because someone called me offering to purchase the property. I assume any legal notices were sent to the property address... View More 
answered on Sep 28, 2024
Anytime a foreclosure occurs, the HOA must file a trustee's deed showing that the property was foreclosed and transferred to a new purchaser. You can check the real estate records for this deed. If it has not been recorded in the public records, then the foreclosure was stopped.
You... View More
the lender has filed a suit against us and I am trying to see what options we have.
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answered on Sep 11, 2024
The best way to prevent a judgment on a mortgage, you guaranteed, is to pay what is due.
If the bank has sent you the default letter, and has requested and demanded an acceleration of the note, making the whole amount due, it will be sold at auction soon.
The only way you can stop... View More
There was no fine issued.
answered on Jun 28, 2024
It depends on the language of the applicable Declarations, deed restrictions, and HOA rules. A lien impresses an obligation, such as a fine, on the property itself and gives a new Buyer notice of that obligation. But that obligation exists notwithstanding the recording of a lien. A fine imposed... View More
I have lease agreement everything. Can I press criminal charges
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answered on May 10, 2024
You can seek criminal charges against your landlord if you have solid proof. But it is always up to the police and the District Attorney, as to whether or not, the case will be prosecuted.
You can sue the landlord, and the foreclosing bank for possession. If your lease is for more than... View More
My husband and I bought a house in 2022, we bought it while in a different state so we never saw it in person. They needed to fix the foundation before the sale could go through and when they did it caused a lot of damage to the house, plumbing was detached and ruined, the chimney detached and... View More
answered on Apr 26, 2024
Assuming your Lender is not the same person or entity as the Seller, your best strategy to avoid harming your credit is to sell the house "as-is" to an investor and pay off the mortgage. Given the problems you describe, you will likely lose much of your equity and may even have to pony... View More
answered on Apr 24, 2024
If there is a valid ground to contest the foreclosure, an attorney likely would file an application for a temporary restraining order and temporary injunction as part of a declaratory judgment action seeking a declaration that the HOA does not have valid grounds to foreclose on the property.... View More
answered on Mar 19, 2024
A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.
Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from... View More
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answered on Mar 19, 2024
If you're facing a writ of possession that hasn't yet been served, it's crucial to act quickly. First, you should review the details of the eviction notice or court decision leading to the writ. Understanding the basis of the action can help you identify any possible errors or... View More
I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.
Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.
answered on Jan 9, 2024
You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.
If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole... View More
He never did he made me sign quit claim said now I'm off loan. He lied to me to refinance. He died house in foreclosure. Can I do anything?
answered on Dec 11, 2023
If the statute of limitations has not expired, you can sue your ex-husband's estate for the $10,000 you were supposed to receive.
Whether the statute of limitations has expired depends on the language of your divorce decree. Typically, a decree will set a within which a spouse is... View More
Mortgage co won't work with me, only option to pay full amount past dued
Who can help me get mortgage current, don't have the money for attorney
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answered on Nov 5, 2023
The only real way to stop foreclosure in TX is to sue the bank and get a stay(temporary restraining order) of the f/c sale. I have never lost one of these cases and they always give the borrower leverage and time to re-design or re-make the loan and its terms. This all supposes that you are... View More
How Do I file the TRO, Lis Pendens, Prelininary injunction and Declaratory Relief?
answered on Jun 14, 2023
A notice of lis pendens is filed in the deed records of the county where the property is located.
An application for TRO, preliminary injunction, and declaratory relief is filed electronically with the clerk of the court (which could be the county clerk, state district clerk, or federal... View More
process over again. IE resend the notice of default certified and then the notice to accelerate and sale date?
answered on May 8, 2023
Typically yes with respect to the notice of sale.
Trustee’s and foreclosure sales happen on the first Tuesday of each month. Certain notices ordinarily required are specific to a particular sale date. Others are not.
Typically, a notice of default and a notice of acceleration... View More
Can they take our home, business, or bank accounts? Please help! Which state’s laws apply in this case?
answered on Feb 22, 2023
I am not licensed in Illinois or Texas, but in general:
1. Illinois law applies to the foreclosure. If there is a money deficiency or judgment that you are personally liable for, the judgment will be entered in Illinois.
2. The judgment creditor, if it intends to execute on the... View More
What do I need do do to get this unpaid mortgage realeased
answered on Jan 9, 2023
In Texas, the common practice is to use a deed of trust to secure a mortgage loan. The deed of trust must be sign by the homeowner which, in this case, is you.
If you did not sign the deed of trust and someone forged your signature, you should file a declaratory judgment action asking the... View More
answered on Oct 25, 2022
If the roofing contractor has properly fixed a lien against the homestead as provided in Chapter 53 of the Texas Property Code, yes the roofer can judicially foreclose on the lien.
Our situation is several years ago we got property tax assistance from one of those places they help you pay your taxes at the time it was with Sombrero Capital through the course somehow our account was bought by or transferred to xx . We were making our payment on time but them the pandemic hit I... View More
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answered on Aug 28, 2024
Sorry to hear about your problem.
You need to go to the County Clerk Office and get a copy of the judgment against you. It would be good to also ask for the :Clerk's Minutes" on the case. That is because you want to know the dates of the lawsuit filing and other matters. As you... View More
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answered on Aug 2, 2024
If you believe your father has filed for bankruptcy in your name and used your Social Security number for fraudulent actions, it's crucial to take immediate steps to protect yourself. First, obtain a copy of your credit report from all three major credit bureaus (Equifax, Experian, and... View More
What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More
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answered on Apr 1, 2024
I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More
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