Get free answers to your Foreclosure legal questions from lawyers in your area.
Your current state is Ohio
I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More 
I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More
answered on Jan 31, 2024
There are several questions that you have posed. The answer to each one is outlined below.
Can I assume the mortgage for the balance due? On a reverse mortgage, you cannot assume payments, so this will not be an option. You will need to pay off the mortgage balance in cash or get a loan to... View More
I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More
answered on Jan 29, 2024
You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More
Let's say I purchase a tax lien on a property that has tax liens from 5 prior tax years owned by someone else. How does foreclosure work in this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
In Arizona, particularly Santa Cruz County, when there are multiple owners of tax liens on the same property, the foreclosure process works as follows:
1. The most recent tax lien takes priority. So in your case, you as the most recent tax lien purchaser would have the first priority... View More
The reason for the question is that he passed away before the foreclosure. As I said, she waived all housing rights in the divorce agreement, but it seems as though she'll have a "foreclosure" on her record if we don't sort this out. My understanding is if she's susceptible... View More
answered on Jan 24, 2024
If the mortgage loan and title to real property in Virginia is joint, then both spouses have rights and liabilities. If one spouse will receive the real property incident to a divorce, that spouse should be required to sell or refinance the property in order to remove the other spouse from his or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
A writ of distringas, also known as a writ of distress, is a legal order used to seize a debtor's property to satisfy a debt. In Washington, D.C., the process to file a petition for such a writ involves presenting your case to the court, demonstrating the existence of a valid debt and the need... View More
answered on Jan 21, 2024
Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
In California, if a property is bequeathed to you in a will, your right to the property is generally protected. However, the validity of the will itself can be contested. If your grandmother's will was properly executed and notarized, it typically stands as a valid legal document.
Your... View More
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
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
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
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
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??
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
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??
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
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.
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
The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.
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
The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.
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
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
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
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
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?
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
The city has sent me notice to pay 5500 or they will list my home on the foreclosure list
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
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
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.
