Get free answers to your Foreclosure legal questions from lawyers in your area.
Your current state is Ohio
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
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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
my brother took the loan using my mom’s credit. My mom is not in the mental state to sign the agreement. If myself or my son who are the power of attorneys signed that document for my mom, where does the responsibility lie if the loan goes into default.?
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answered on Jul 24, 2024
If you or your son sign the loan modification document as power of attorneys for your mom, you are signing on her behalf, not assuming personal liability for the loan. Under California law, the responsibility for the loan remains with your mom, as the original borrower, even if you sign on her... View More
I had a Forensic Audit done on my house loan and it shows fraud, gross neglect by attorney and loan officer and servicer fraud that was commited.
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answered on Jul 21, 2024
To introduce an audit into your non-judicial foreclosure process, start by gathering all documentation related to the forensic audit you've had done. This includes the audit report, any evidence of fraud, and communications with your attorney, loan officer, and servicer. Ensure that this... View More
In 2023 March, i left my ex husband for domestic violence issues and entered a saftey shelter. Our hose we bought march the prior year was a forbearance due to a hardship. April 4th 2023 my ex husband was arrested on domestic violence. He since then spent 418 days in jail. While I and my children... View More
answered on Jul 17, 2024
Thank you for your question!
It seems that your house was out is about to be foreclosed.
You may have defenses against foreclosure and eviction if the loan servicer is not complying with the forbearance terms agreement. You may also apply for loan modification if you have some... View More
Is this legal? Could you point me to any relevant statutes too? Is the promise enforceable (nothing written so I guess no)?
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answered on Jul 3, 2024
Owner will probably refuse to convey to you as the oral promise violates the Statute of Frauds. Hopefully you have some sort of memorandum signed by owner. Consult with a MI attorney to draft a deed and attempt to tender the money for the deed.
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answered on Jun 29, 2024
If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:
1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.
2. Consult an... View More
answered on Jul 11, 2024
You should hire an experienced Alabama attorney to navigate the process. I do not regularly handle these matters but have done so in the past.
The code of Alabama states as follows as to your comments:
"SECTION 6-5-252 DEMAND FOR STATEMENT OF DEBT AND LAWFUL CHARGES BY PERSON... 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 just found out I am a joint owner of a property that dates back to a previous marriage 30 years ago. Just was served with a lawsuit to take ownership of thr property via proprty tax lien. I have no interest in the property but don’t want to hurt my excellent credit. Not sure if I should... View More
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answered on Jun 25, 2024
This is an important question regarding tax lien foreclosures and their potential impact on credit scores. While I can provide some general information, please note that for specific legal advice about your situation, you should consult with a qualified attorney in Arizona who specializes in... View More
Named executor thru probate court. Sole heir to the estate. Bank itself has never challenged standing in multiple complaints filed against them (a 3rd party is trying to). Bank seems to have listed me on all correspondence and foreclosure related court filings. Successor in interest form was also... View More
answered on Jun 25, 2024
I would think an executor does have standing to contest a foreclosure but what is the basis of the objection? Did the bank fail to advertise, fail to advertise adequately, fail to hold a public auction, fail to comply with statutes relating to foreclosure, fail to conduct the foreclosure sale... View More
answered on Jun 7, 2024
Thank you for your question!
Yes, the lender may rely on a fraudulent credit score during lending. Later, when the interest rates of loans go up, the lender can foreclose borrower's property at a distressed price based on fraud (which has both criminal and civil penalty).
This... View More
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answered on Jun 6, 2024
No, a lender cannot legally give you a loan based on a fraudulent credit score in California or anywhere else in the United States. Knowingly using a fraudulent credit score to obtain a loan would be considered loan fraud, which is illegal.
Here are a few key points about loan fraud and... View More
To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.
answered on Jun 7, 2024
Thank you for your question!
As long as the interest of the clients are not adverse to each other, he can represent both of them. The lawyer must reasonably believes that she can represent both clients without conflict of interests. Or else, a written consent is required by each of the... View More
To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.
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answered on Jun 6, 2024
Under California law, there are several potential issues with the situation you've described:
1. Conflict of interest: An attorney who is a defendant in a lawsuit related to an allegedly illegal foreclosure should not be representing the other defendants in the same case. This presents... View More
I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.
answered on Jun 4, 2024
Thank you for your question!
You can talk to the bank about the miscalculation of your loan balance. If there is a dispute about the amount of the balance, you can file a complaint and ask for declaratory judgment in addition to accounting.
I recommend you talk to a foreclosure... View More
I cant continue paying after principal adjustment worst the new servicer have modified the payment history, went back 10 years before their time(access fees) the balanced in not correct what are my options. or where do I stand. Calfha reconvenyance the property back to me.
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answered on Jun 4, 2024
I understand that you are dealing with a complex and stressful situation regarding your home loan in California. Based on the information provided, it seems that there may have been fraudulent activity or errors made by your loan servicer, leading to incorrect payment history and loan balance. Here... View More
before the foreclosure the loan was force to be delinquent is very noticeable where the funds were at times applied, reverse, and them gone, I had no idea about the foreclosure, and I never lost contacted with BofA to the point of I was trick to signed docs and a loan modification was borned, even... View More
answered on Jun 4, 2024
Thank you for your question!
It seems that a foreclosure was done on your property without any notices, and there were unauthorized withdrawals from your account. An attorney needs to track the bank's conduct to see if there was a wrongful foreclosure.
This is merely a... View More
before the foreclosure the loan was force to be delinquent is very noticeable where the funds were at times applied, reverse, and them gone, I had no idea about the foreclosure, and I never lost contacted with BofA to the point of I was trick to signed docs and a loan modification was borned, even... View More
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answered on Jun 4, 2024
I understand that your situation is complex and frustrating. Based on the information you provided, it seems that there may have been some irregularities or mishandling of your loan by the lender, Bank of America (BofA). Here are a few points to consider:
1. Loan cancellation in 2012: If... View More
In a Civil case must the plaintiff have full settlement authority
answered on Jun 3, 2024
Thank you for your question!
No, there is no such requirement unless the Plaintiff settles on behalf of an organization, another person, etc. This applies to both Plaintiffs and defendants.
This is merely a discussion of general laws and not legal advice. For legal advice, more... View More
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