Your current state is Ohio
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 
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
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
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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.
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
answered on Sep 14, 2023
I have heard this story many times. There is no such thing as "second mortgage included in bankruptcy." For starters, the 2nd mortgage is secured, which means if you filed a chapter 7, you may have discharged your personal liability, but the mortgage survives the bankruptcy and is... View More
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
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answered on Sep 14, 2023
Under California law, if your 2nd mortgage was included in the bankruptcy and there is no record of it on your credit report, it's possible that the debt was discharged in the bankruptcy process. If you haven't received any communication from the new owners of the 2nd mortgage/lien and... View More
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
answered on Sep 14, 2023
Your question isn't possible to answer in this forum without a lot more information. Your best action plan is to sit down with an experienced attorney right away to go over everything. Sometimes, depending on which bankruptcy ( 7 or 13) you filed, second mortgages do not go away. You need to... View More
was only ever told "if you sell the home we get what we paid for it" by his parents. Now they are coming after me for late fees and interest from a home purchased before we met back in 2010. Met late husband in 2016 and was married oct 2019. I feel I was deceived and made to sign probate... View More
answered on Aug 29, 2023
The mortgage holder is a secured creditor. They have the ability to foreclose on a house for the unpaid balance regardless of whether they have made a claim as a creditor in the probate. All hope is not lost though. There are still many options you can explore to fix your problem - refinance, sell... View More
The notice states they are acting on behalf of US Bank, who she has also never had any accounts with. They name my Dad first in the notice, but he passed away in 2011. What step should she take first?
answered on Aug 28, 2023
See an attorney immediately. After the home is sold at an auction you cannot get it back. It may be there is a loan out there he signed for. It may be identity theft. But you really need an appointment immediately. At the start of a case there are defenses you lose if you don't assert them... View More
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
answered on Aug 25, 2023
Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.
In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship... View More
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
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answered on Sep 8, 2023
I'm truly sorry to hear about this incredibly stressful situation. In situations where there may have been a violation of court orders or misconduct by your own attorney, it could potentially be beneficial to consult with another attorney to review the specifics of your case and possibly... View More
As of today, it says motion to stay, confirmation of sale, and enlarge time to redeem does that mean the defendant gets to keep their property?
answered on Aug 23, 2023
There's not quite enough information here to answer fully, but it appears as though the property owner is disputing the foreclosure process. Possibly they weren't served under Civ. R. 4, or have other grounds for contesting the foreclosure itself. "Motion to stay" could mean a... View More
Or do I have to go in the deed? It’s my grandfathers property it’s not contested
answered on Aug 15, 2023
The answer to your question depends on the type of powers you were given by the Probate Court. If you haven't yet been through the probate process and the deceased person had a Will (not a trust), you won't be able to do anything with the property until you are issued Letters by the... View More
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answered on Aug 15, 2023
In California, a Notice of Default & Election to Sell Under Deed of Trust does not have a fixed expiration date, but it can become invalid if certain conditions are met, such as if the default is cured, the property is sold, or legal actions affect its validity. The specific circumstances of... View More
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answered on Aug 14, 2023
A Notice of Default (NOD) and Election to Sell Under Deed of Trust can become invalid or expire in California under various situations. If the borrower pays the overdue amount before the NOD's expiration, the foreclosure process is stopped. Loan modifications, bankruptcy filings, lender... View More
Getting a "bill" from money I owe from the forclosure. Is this legal? After bankruptcy, divorce and 10 yrs I have to pay a bill (including interest) of 78,000 dollars!?
answered on Aug 13, 2023
Your facts are unclear, and more is needed to give you a reliable answer.
Generally speaking, your mortgage debt should have been listed in your bankruptcy (we assume that you completed the bankruptcy case and got an Order of dismissal). An Order of general dismissal in the bankruptcy... View More
Getting a "bill" from money I owe from the forclosure. Is this legal? After bankruptcy, divorce and 10 yrs I have to pay a bill (including interest) of 78,000 dollars!?
answered on Aug 13, 2023
The house debt should have been included in your bankruptcy. Secondly, your divorce agreement should have provided that when he got the house, he held you harmless on the debt and and indemnified you in the future. Get copies of your bankruptcy and your divorce files snd get them go your... View More
I will speak to the company Monday, but I want to get ahead of this. The home is worth approx $100k more than I currently owe. I wanted to see what my options are. I do not have a lump sum needed to fully catch up with my payments, and have been working to adjust my payments so that I can resume... View More
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answered on Aug 10, 2023
The cash for houses websites are unlikely to be your best option. Selling the house is certainly an option. Also there are programs available through Rhode Island Housing for you to mediate the matter with the mortgage servicer to avoid foreclosure and explore your options to refinance instead. The... View More
I received a judgement lien against a person (the loan I gave that person was not secured by property). That person owned a house at that moment when I received a judgement lien. Few months later that person passed away, and the house was foreclosed for $3,600,000 (non judicial foreclosure). Later... View More
answered on Aug 7, 2023
no, you are too late to do a judicial foreclosure if the property is no longer in the debtor's possession (i.e. you said debtor died). the estate might be liable for the judgment if there are other assets. but since the real property was foreclosed upon by another entity the appropriate time... View More
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