Get free answers to your Foreclosure legal questions from lawyers in your area.
Your current state is Ohio
answered on Jan 16, 2025
Do not, under any circumstance, sign a contract with a non-attorney for surplus funds recovery in Georgia. Many of these "mortgagor's agents" are unscrupulous and prey upon vulnerable people who have just been foreclosed. These "agents" then turn around and hire an attorney... View More 
And sold the house they sold it for a fair price and my entitled to extra money if there is any, it was definitely enough to pay off the loan and pay off other debts. How do I find out any of this information?
answered on Jan 13, 2025
The trustee is required to provide you with notice of any money you are owed from the auction within 30 days of the foreclosure. If you haven't received that, there may not be any money. You can request the details from the foreclosure including the payoff amount and highest bid directly from... View More
Whom ever bought the 2nd? Do I have to give my home/retirement to 2nd mortgage buyer? This is in California
answered on Dec 20, 2024
If your second mortgage foreclosed on you, you are no longer the owner of the home. There is no need to pay the first mortgage. Whoever purchased the property at the foreclosure auction will have to pay your first mortgage if they want to keep the property. All hope is not lost though, you may be... View More
I assumed my mothers mortgage acct with W F same bank as checking acct .3 times now they have refused payment making my regular payment triple and my mortgage acct default . What can I do?
answered on Nov 18, 2024
You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it... View More
I live at and this my primary residence
answered on Nov 9, 2024
Stopping a foreclosure on a hard money loan may be very difficult. If this property was your primary residence prior to taking out the loan, you may be entitled to additional protections. However, many times the paperwork that you sign when you take out the loan includes an affidavit where you... View More
1. Foreclosure of three properties
2. Sue borrows for lost money, she is a scammer, who has many police reports and FBI reports over by other private JV partners.
They took money to fix the property and sell it, they took the money and never fixed it, waiting until the lender... View More
answered on Nov 5, 2024
It is really hard to know what your questions are. Are you the seller/borrower? Are you the lender ?
I will assume you are the lender for this question. Texas has great consumer protection laws, which were made to protect consumers, and small businesses, from unsavory characters and... View More
The loan? Is there any way that the statue of limitations has reached its expiration date since the loan is not in my name?
answered on Oct 21, 2024
It sounds like you're dealing with the process of managing ownership and financial responsibilities for a property following the passing of your mother. Here's a summary of the key points and steps you might consider:
1. **Determine Property Ownership:**
- Check if the... View More
answered on Oct 17, 2024
Yes, you could - subject to some caveats - move assets to a trust after taking a loan on the asset. By taking a loan on the asset, I'm guessing you mean you've borrowed money that is secured by a lien on the asset.
The most common situation where this comes up is where a person... View More
I currently live in FL; however, recently I was named as a defendant for a property that is being foreclosed on in Summit County Ohio. I owned the property in 2014 and sold it in 2016 and currently have no interest in the property. I am not sure how I was named in this situation with the courts.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024
It is likely that you were named in an abundance of caution as having a potential interest in the property. All parties with an interest in a property must be named in a foreclosure. You can likely do nothing and be fine, but if you'd rather file something with the court disclaiming your... View More
The first index number was filed in 2012 plaintiffs ask to discontinue in 2016 since plaintiffs did not have proper documentation. the case was refiled different index number 2018 I’m trying to sign off on DIL but they keep making errors with names and addresses on the DIL for months When... View More
answered on Oct 7, 2024
There are too many variables for a situation like yours to give you a definitive (and fair) response to your question. But because you raise important points, especially related to how the law in New York has changed regarding statutes of limitation, I highly recommend you speak to a qualified... View More
A Notice of Default on our home equity loan (2nd loan) for our primary residence was filed on July 30, 2024. This 2007 home equity loan was taken out solely by my mother who passed away in 2020. Furthermore, the first mortgage on the property, which is in my mother's name only and is with a... View More
answered on Oct 6, 2024
Addressing a default on a home equity loan, particularly one with the complexities you've described, involves understanding several legal principles.
The lender can foreclose on the deed of trust within 10 years after maturity if the recorded deed of trust recites a maturity date, and... View More
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
i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i... View More
answered on Sep 12, 2024
While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.
Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any... View More
the lender has filed a suit against us and I am trying to see what options we have.
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
The purchase was made before I knew him and he hid this from me. They have served him and keep asking if anyone over 18 lives with him. Do they have a right to involve me in these proceedings?
answered on Sep 2, 2024
You will not have any financial involvement in the foreclosure. However, as an occupant of the property you may be named as a tenant in the foreclosure case. There are a lot of options for people in foreclosure that can lead to a positive resolution - loan modification, sale of the property, deed... View More
The person who bought it just sold it for 1.3 million dollars. I have been searching irregularities in foreclosures and found that if the sale price is significantly lower that the value, it could possibly be challenged. I am in Tennessee.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024
That would be an uphill climb to claim it shocked the Court's conscience. You might look for an attorney to file it, but it is doubtful. The foreclosure sale is what you would attack, not the later sale. So time is running against you. Foreclosures must be enjoined before the sale... View More
If I file foreclosure first before the lender in 1st position, does that mean that I have priority in payments from the auction of the sale. My outstanding balance gets paid first and then the other lender. From the sale, am I obligated to pay any of the other lender’s balance?
answered on Sep 5, 2024
If you foreclose as the second position lender, there are several different ways things can go. At the foreclosure auction, if you credit bid the amount you owe and there are no other bidders, you become the owner of the property subject to the first position lender's interest. You have no... View More
My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More
answered on Sep 2, 2024
Unfortunately, receipt of the notice is not required by law. As long as the foreclosure attorney has proof that the notice was sent by certified mail that is legally sufficient. Even if that is the case, you may be entitled to surplus money from the foreclosure auction, and you may also be able to... View More
My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More
answered on Aug 9, 2024
The foreclosure notice must be sent by certified or registered mail or overnight delivery with return receipt requested. As long as the notice was mailed in the proper manner to the appropriate party(ies) at the correct address, the lender does not need to prove the notice was actually received.... View More
I am a licensed general contractor I filed the lien and was recorded 3 weeks ago
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024
Filing a foreclosure on a mechanic's lien in California involves several steps and costs. The first step is to file a lawsuit to enforce the lien, which typically requires paying court filing fees. These fees can range from $435 to $465 depending on the court. You might also incur additional... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
