Lawyers, Answer Questions  & Get Points Log In
Foreclosure Questions & Answers
2 Answers | Asked in Foreclosure for Pennsylvania on
Q: Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back any lien?

Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back whatever the owner owned, such as mortgage lien, mechanic lien or tax lien? Is the title not supposed to free and clear?

I asked around, some people tell me I am responsible... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 20, 2024

When a piece of real property is foreclosed and put up for sheriff's sale, the lien that is foreclosed (it may be a first mortgage, junior mortgage, tax lien, or other statutory or judgment lien) will be paid from the bid at the sheriff's sale. So will tax liens, and so will the... View More

View More Answers

2 Answers | Asked in Foreclosure for Pennsylvania on
Q: Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back any lien?

Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back whatever the owner owned, such as mortgage lien, mechanic lien or tax lien? Is the title not supposed to free and clear?

I asked around, some people tell me I am responsible... View More

David Kennedy Bifulco
David Kennedy Bifulco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2024

I agree with Attorney Winterstein's answer and would add that consulting with an Attorney and with a Title company to research the liens is extremely important. They will know what to look for. If you are a novice, you may miss liens that you could end up being responsible for. If the... View More

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024

As the executor of your father's estate in California, dealing with a non-paying buyer in a seller-financed property sale, you have several legal options. Since your father was carrying the note, the estate essentially steps into the role of the lender.

Firstly, review the terms of the...
View More

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024

As the estate executor for your deceased father, if the individual who purchased the property has not made a mortgage payment in over four years, you may have legal options to address the situation. First, review the terms of the sales agreement and the promissory note to understand the specific... View More

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for Texas on
Q: Mother died with a mortgage. No will. Heavy debt. I DO NOT want her house. M/C is suing me for mortgage. What do I do?

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.

John Michael Frick
John Michael Frick
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

2 Answers | Asked in Bankruptcy, Foreclosure and Banking for Mississippi on
Q: If a car is returned to the bank, can they take social security money in a checking account?

The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 3, 2024

Social security benefits are generally exempt under most if not all state laws, so general creditors cannot use the court systems to capture your benefits.

Most banks are federally chartered, or are insured by the FDIC, and because of that, tend to comply with federal law and requirements....
View More

View More Answers

2 Answers | Asked in Bankruptcy, Foreclosure and Banking for Mississippi on
Q: If a car is returned to the bank, can they take social security money in a checking account?

The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

If you return a car to the bank and still owe money on it, the bank may try to recover the remaining debt. However, Social Security funds generally have protections against most types of garnishment.

Under federal law, Social Security benefits are protected from garnishment for most debts....
View More

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Should I contact clear recon group and make sure it's known that im a tenant prior to foreclosure auction?

I, as well as the tenants in three other units on are living on the property still, landlord died a few months ago, his heirs shut off all utilities and prevented us from turning them on and neglected the property, it almost immediately went into foreclosure and I just found out the auction date is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023

Yes, it would be wise to contact Clear Recon Group to inform them that the property is occupied. As the trustee handling the foreclosure, they should be aware of the presence of tenants. This can affect the foreclosure process and any subsequent actions they take regarding the property.... View More

1 Answer | Asked in Foreclosure for South Carolina on
Q: Can I obtain a copy of my complete case file
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023

In South Carolina, if you're facing foreclosure and want a copy of your complete case file, you have the right to request it. You can typically obtain a copy by contacting the clerk of court's office in the county where the foreclosure proceedings are taking place. Requesting your... View More

1 Answer | Asked in Foreclosure, Domestic Violence, Divorce and Family Law for Texas on
Q: Exhusb got house in divorce, I'm domestic violence survivor. He was suppose to sell give $10,000 per divorce decree.

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?

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Foreclosure for New York on
Q: Can the city of troy place my home on foreclosure in January 2024 without taking us to court

The city has sent me notice to pay 5500 or they will list my home on the foreclosure list

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

If you've received a notice from the City of Troy regarding foreclosure due to unpaid amounts, it's important to take this seriously. Municipalities in New York can initiate foreclosure proceedings for unpaid property taxes or other municipal debts without necessarily taking you to court... View More

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: waiting for a reply from a mortgage Relief, is it ok not to pay for your mortgage, or can this bring foreclosure? TX:)
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

In California, not paying your mortgage can lead to foreclosure. This is because your mortgage agreement is a legal contract where you agree to make regular payments to your lender. If these payments aren't made, the lender has the right to start foreclosure proceedings to recover the amount... View More

1 Answer | Asked in Real Estate Law and Foreclosure for California on
Q: Would there be a foreclosure risk if we hold on to mortgage payments until we hear back from the mortgage relief
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

Under California law, holding off on mortgage payments while waiting for a response regarding mortgage relief can be risky. Foreclosure proceedings can be initiated by your lender if you miss payments, even if you have applied for mortgage relief. It's important to keep in mind that the... View More

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2023

Based on the limited information provided, it seems there may have been an issue with the property title and transfer process when the company bought your home in California. A few key points:

- If your name was still on the deed when the company came to take possession, typically the sale...
View More

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

Richard Winblad
PREMIUM
Richard Winblad
answered on Dec 20, 2023

I'm not licensed in California, so this information may be helpful when you visit with a California licensed attorney.

People often confuse the concept of car titles with property ownership. A car title is typically signed over to the purchaser. The same is not true with real estate....
View More

View More Answers

1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on
Q: I am trying to find the law/order on mortgage/promissary statute of limitations in the state of virginia

Mortgage lender hasn't contacted me for over 9 years with no payments made for 9 years. Now received a letter stating it is from a "debt collector" which appears to be an attorney's office.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 20, 2023

In Virginia, a deed of trust with a stated maturity date has a statute of limitations of 10 years from the maturity. If there is no maturity date, the statute of limitations is 20 years from the recordation date of the deed of trust, except for credit line deeds of trust. With a credit line deed... View More

1 Answer | Asked in Foreclosure for California on
Q: Do I have any right on my house foreclosure 30 years ago without received any letters from lender ?

30 years ago my house been foreclosure which was rented and I was living in different town for my work , and i never received any notification about foreclosure, address is 14796 Briana street Moreno valley CA.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

In California, the statute of limitations for challenging a foreclosure based on lack of notice is generally limited. After 30 years, it's highly unlikely that you have any legal recourse regarding the foreclosure. California law requires lenders to provide notice of foreclosure, but if you... View More

2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Alabama on
Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

Frank Truncali
Frank Truncali
answered on Nov 15, 2023

In order to transfer the title to the property in Montgomery, it would be necessary to open an estate in the Montgomery County Probate Court. The person who is handling the estate must be an Alabama resident. This would not address any property located in Louisiana, however. If a family member is... View More

View More Answers

2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Alabama on
Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

James Blount Griffin
James Blount Griffin
answered on Nov 15, 2023

I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.

To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate...
View More

View More Answers

2 Answers | Asked in Gov & Administrative Law, Foreclosure and Civil Rights for Michigan on
Q: Hi, I’m having a hard time trying to hire an attorney, can I Represent myself in federal court
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In Michigan, as in the rest of the United States, you have the right to represent yourself in federal court, a practice known as proceeding pro se. However, be aware that federal court procedures can be complex, and representing yourself requires a thorough understanding of both the relevant law... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.