Your current state is Ohio
Is that true? And South Carolina does not offer individual with no attorney e-file for skeleton or any bankruptcy. Could I submit in a state that does, due to the urgency, but use my current states exemptions?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023
You should talk to a bankruptcy attorney in your area as the laws affecting real estate differ from state to state. If your home has already been foreclosed, you should do so immediately, although it may already be too late. You can file an emergency chapter 13 but you should talk to an attorney... View More 
Is that true? And South Carolina does not offer individual with no attorney e-file for skeleton or any bankruptcy. Could I submit in a state that does, due to the urgency, but use my current states exemptions?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023
In a foreclosure situation like yours in South Carolina, filing for Chapter 13 bankruptcy can potentially help. This type of bankruptcy allows for a reorganization of debts and could enable you to catch up on missed mortgage payments over time.
However, it's important to file before... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023
You must first file a claim with the clerk of the court where the auction was held. The claim must be filed within 60 days of the sale date.
Once you have filed the claim, the clerk of the court will notify the other parties involved in the foreclosure, including the lender and the buyer.... View More
i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023
In New Jersey, if you're dealing with multiple legal issues involving debt collection, foreclosure, and potential bankruptcy, it's important to seek legal advice promptly. Since you've already gone through mandatory arbitration and are considering placing liens against property, a... View More
i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023
You are going to need to retain an experienced civil litigation attorney. You are a corporate entity so you must retain counsel. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is you should also... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023
If a mortgage company is suspected of withholding documents to inappropriately obtain property, this could potentially be a serious legal matter involving allegations of fraud or other misconduct. Homeowners in such situations should promptly consult with an attorney who has experience in real... View More
Our house is taken in Norwalk California under health and safety code violations to a receivership where the receiver pulled out equity loans cuz house was paid off for over 50 years myself my mom lived in the property as successors and errors we opened a probate case to protect them from taking us... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023
In California, a court-appointed receiver has the authority to take various actions concerning property under their control, which can include taking out loans against the property to pay for repairs or to maintain the property.
However, this power must be granted by the court order that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023
In California, a lien is typically attached to a property rather than a person. It serves as a legal claim or hold on the property as security for a debt or charge that must be paid off. When the property is sold, the lien must be satisfied from the proceeds before clear title can be transferred to... View More
Single family home. I am a senior, age 67
answered on Nov 6, 2023
There are a lot of options. If you haven't previously requested a loan modification, partial claim, or another type of loss mitigation. The loan holder will likely work with the homeowner to postpone the sale to allow the loss mitigation application to be processed. Other options include... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023
In a nonjudicial foreclosure case in Nevada, a lender can hire a third-party servicer to work under the lender's name. This is a common practice among lenders, as it allows them to focus on their core business of lending money, while outsourcing the tasks associated with foreclosing on... View More
The realtor elementary the fictitious after two years and rewrote my note a trustee got paid $16000 there is a satisfaction deed and a reconveyance I was 25 years I was clueless as to what happened
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023
Under California law, a fictitious deed of trust is typically used for the purpose of securing future advances or obligations under a line of credit. If the fictitious deed of trust was eliminated and the note was rewritten, it's essential to understand the terms and conditions of the new... View More
She owed 100k and it sold for 150k at auction. There are no other leins on the property. Does she get the 50k surplus from the sale?
If so, how do we go about claiming that money?
Thank you,
Jenny F.
answered on Oct 15, 2023
The trustee or substitute trustee who sells real estate in Virginia at a foreclosure auction at the direction of the noteholder must account for the proceeds of the sale to the county or city Commissioner of Accounts in the jurisdiction where the property is located. The provisions of the deed of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023
If you've missed a mortgage payment by mistake while in a Chapter 13 bankruptcy, it is critical to address the issue promptly:
1. Contact your bankruptcy attorney immediately to discuss the situation. They can provide guidance specific to your case and may be able to negotiate with the... View More
answered on Oct 10, 2023
When in an active bankruptcy case, especially a Ch. 13, there is an automatic stay of any actions against the property of the debtor's estate and/or the debtor, to collect a debt.
In order to proceed with a foreclosure case in a non-bankruptcy court, the foreclosing creditor must... View More
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
The statute of limitations is five years; however, if you made payments in the 12 years they are applied to interest, late fees, attorneys' fees and costs first and then any remaining balance is applied to the oldest assessment. If you hadn't made any payments in those 12 years you would... View More
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More
When my mother died in 2019, I unwittingly inherited a $100K Wells Fargo home equity loan from 2011 that it's my understanding was never paid back, either by her or by my late father. She had been claiming to pay off the loan using my SSI funds, and only in 2022 did I find out that was not... View More
answered on Sep 19, 2023
While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a... View More
I have a 3.25 interest rate on my mortgage, is it a good idea to cash out as a second mortgage for 5.99 or higher? Thanks.
answered on Sep 16, 2023
I have no idea. It would depend on a variety of factors, including the outstanding principal balance of your current mortgage, the amount you are considering borrowing, the market value of the property now and what it may be when you may sell the property, what type of property is involved, the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2023
Start by contacting your mortgage lender or loan servicer to inquire about the status of your loan and any related foreclosure documents. Additionally, check public records at the local courthouse or online to see if any foreclosure-related paperwork has been filed.
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.
