Get free answers to your Foreclosure legal questions from lawyers in your area.
Your current state is Ohio
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answered on Mar 20, 2024
Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... 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
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 17, 2024
In California, having a mental illness does not automatically protect your home from foreclosure. However, if mental illness significantly impairs your ability to manage your finances or understand the foreclosure process, there may be legal protections and resources available. These protections... View More
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answered on Mar 4, 2024
In California, if you're living in a rental property that gets foreclosed upon, the Protecting Tenants at Foreclosure Act provides you with certain rights. First and foremost, if you have a fixed-term lease, the new owner must honor the lease unless they plan to occupy the property as their... View More
Me and my siblings would like to know the steps to take to obtain the funds. Thank You!
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answered on Mar 1, 2024
In Florida, if your deceased mother's home was sold at foreclosure and she owned a 50% interest, you and your siblings need to follow several steps to claim any surplus funds from the sale. First, you should contact the clerk of the court in the county where the foreclosure sale occurred to... View More
My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or... View More
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answered on Feb 28, 2024
Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid... View More
My mom needed work done in her attic. A company called Attic Project took on the work knowing very well we didn't have the money stating my mom can pay them back later. I her son signed an agreement. My mom owes them 7200.00 now they want to place a mechanical lein on her home by middle of... View More
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answered on Feb 28, 2024
Under California law, dealing with a mechanic's lien on a property requires prompt and careful action. If a lien has been placed on your mom's home due to unpaid debts for work done, the first step is to review the agreement you signed with Attic Project. It's important to understand... View More
What are the grounds to appeal a disbursement hearing, if any? Must a property be levied first before auctioned for judicial foreclosure from consent order.
answered on Feb 20, 2024
The disbursement hearing would not be the place to challenge the foreclosure auction. You would have needed to file an injunction prior to the auction to challenge whether the auction was being conducted pursuant to applicable law. The order on the disbursement hearing is likely subject to an abuse... View More
If this was part of a consent order of a settlement. Like let’s say you are given 180 days to pay $90,000 or property has to be sold. Does it need to be levied first before auctioned?
answered on Feb 20, 2024
No, if there is a consent judgment that grants the right to foreclose, the notice of foreclosure sale must be published according to the laws relating to sheriff's sales. The sheriff will then auction the property. If your property was foreclosed, you may have the ability to collect surplus... View More
Bank transactions reflect transfer of funds on date of home purchase date
answered on Feb 18, 2024
In order to prove that there was an intent to share in the ownership of the property or that the funds provided at closing were to be paid back, you would need to have texts or emails showing that there was an agreement between the parties. A less reliable method would be to provide witnesses who... View More
answered on Feb 16, 2024
The entity that foreclosed on the home will have the money initially. If it's over $100k, they will normally refuse to give it to an heir without first your going to court and requesting to be named as the personal represenative.
If it has been long enough, the entity may have turned... View More
I lost my job last Oct, but im back to work full time and can now pay all the past due. I'm about 3 months behind.
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answered on Feb 15, 2024
In Virginia, paying the full past due amount on your mortgage can indeed halt the foreclosure process, assuming the lender hasn't already completed the foreclosure sale. When you pay off the entire amount you owe in arrears, including any late fees and legal costs incurred by the lender as... View More
I have nothing to do with the property but was told I had to sign the mortgage since we were still legally married at the time of his closing. It's been eight years and I've moved on and moved to Missouri, and he's now being foreclosed on. What does this mean for me, if anything?
answered on Feb 15, 2024
It means that the mortgage can be foreclosed despite your interest in the property. The property can be sold pursuant to an order of the court and in the very rare possibility that the property sells for more than is owed, you would be entitled to a portion of the excess. You are being notified... View More
Non payment of purchase of building materials totaling $20,000.
Is there a way to recoup this loss?
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answered on Feb 21, 2024
First, review the Notice of Trustee's Sale carefully to understand the timeline and process involved in the sale of the property. Determine the date of the sale and any deadlines for action.
Next, assess your options for recouping the loss of $20,000 in unpaid building materials.... View More
Non payment of purchase of building materials totaling $20,000.
Is there a way to recoup this loss?
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answered on Feb 15, 2024
You are probably junior to the foreclosing secured debt. You can bid at the sale to protect your interest. But a sale without a surplus means your lien against the land is extinguished although the debt against the individual is still existent. If there is a surplus, trustees are notorious... View More
Non payment of purchase of building materials totaling $20,000.
Is there a way to recoup this loss?
answered on Feb 15, 2024
Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More
It was sold on the courthouse square on the first Tuesday of the month now the new owner is coming up here and telling me that is his home and he's taking my stuff and he's letting people steal my stuff taking it off the property does he have the right to do this because technically as it... View More
answered on Feb 12, 2024
If the new owner is removing your property without a writ of possession, he can be charged with theft. The writ of possession is necessary to begin the process of removing you and your property. Also, there may be surplus funds that you are entitled to from the foreclosure sale. Schedule a free... View More
I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from... View More
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answered on Feb 5, 2024
Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:
- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days... View More
If someone is using my name and social how would I find out how it's being/been used
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answered on Feb 4, 2024
If you suspect that someone may have married you without your knowledge and obtained power of attorney over you using your name and social security number, it's essential to take immediate action. First, gather any available documents or information related to these concerns. Reach out to your... View More
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