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2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Collections for Vermont on
Q: I filed bankruptcy, got a divorce and my ex stayed in the house. It went into forclosure. I'm just now, 10 yrs later,

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!?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Collections for Vermont on
Q: I filed bankruptcy, got a divorce and my ex stayed in the house. It went into forclosure. I'm just now, 10 yrs later,

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!?

Timothy Denison
Timothy Denison
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

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1 Answer | Asked in Foreclosure and Real Estate Law for Rhode Island on
Q: After a drawn out period of time with poor communication, it appears my house will be going up for foreclosure. Advice?

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

Albin Moser
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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

2 Answers | Asked in Foreclosure for California on
Q: Can I start judicial foreclosure in California for judgement lien if property was sold as a foreclosure quick claim deed

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

Yelena Gurevich
Yelena Gurevich
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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2 Answers | Asked in Foreclosure for California on
Q: Can I start judicial foreclosure in California for judgement lien if property was sold as a foreclosure quick claim deed

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

James L. Arrasmith
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answered on Aug 5, 2023

In California, judgment liens typically survive a non-judicial foreclosure, and they attach to the debtor's property regardless of any subsequent foreclosure. However, their priority depends on when they were recorded in relation to other liens. To enforce your lien, you may need to initiate a... View More

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1 Answer | Asked in Foreclosure for Arizona on
Q: WHAT IS ACTION AND OBTAIN A COURT ORDER PURSUANT TO RULE 65 ? WHAT FORMS?

I RECEIVED A LETTER OF NOTICE OF TRUSTEE'S SALE AND HOUSE HAS ACTION DATE OF AUG 2 I NEED TO STOP THE ACTION FROM HAPPENING HOW DO I DO SO ? I

THE LETTER SAYS I CAN FILE AN ACTION AND OBTAIN A COURT ORDER PRUSUANT TO RULE 65 BTU ASKED TO COURT CLEARK AND SHE COULDNT TELL ME WHAT FORMS... View More

Diane L. Drain
Diane L. Drain
answered on Aug 3, 2023

This process is an attempt to put the foreclosure on hold. Normally this is not successful unless you can prove the lender or trustee did not follow the law. The better course is to contact the trustee and request a reinstatement (which would bring the loan current, plus costs). The next option... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Massachusetts on
Q: My ex has end stage dementia-I am his POA/HCP-hold mortgage on 1/2 house he shares-Can I get lieu deed before he dies?

I have never been paid any interest & want to keep family property safe. I have already paid off one other foreclosure on the property to keep it safe. It is shared (TIC) with his niece. I do not want to force sale of the property when he dies to get my money, so would like to deal with this... View More

Christopher Tolley
Christopher Tolley
answered on Aug 1, 2023

So I understand correctly, your ex owns the house as tenants in common with his niece and you have a mortgage on his interest in the property only. You propose to accept a deed in lieu of foreclosure of his interest in the house. Following such a transfer, you will be tenants in common with the... View More

1 Answer | Asked in Foreclosure for Minnesota on
Q: If theres a foreclosure of mobile home on rental property who's responsible for home removal services? Renter or bank?

Renting lot but "own" home if the trailer goes into foreclosure after giving the park notice of ending the lease on the lot. who's responsible for the house after. would the bank have to try to sell or remove it or would it be the responsibility of the "owner" or the rental property

Blake Goodman
Blake Goodman
answered on Jul 25, 2023

Hi,

I presume you own the mobile home and the owner of the lot is terminating the lease. Many mobile home parks may attempt to pass the costs of removing the mobile home on to the tenant, even after the end of the lease if the home is not resold or relocated by the owner. Such a...
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2 Answers | Asked in Civil Litigation, Foreclosure and Real Estate Law for California on
Q: Hi I am trying to sell home before it forecloses. I was informed by title company I has a judgement from 2007. Califor

I disputed it but it remains on title report. It’s been 30 days and nothing has happened and I’m told I still owe something I know nothing about

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 22, 2023

If the title company won't give you a copy of the Abstract of Judgement, you will have to go to the County Recorder's office and get a copy. If you look at it and still don't know what it is about, then you will have to review the case file at the courthouse. If it truly is some... View More

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2 Answers | Asked in Civil Litigation, Foreclosure and Real Estate Law for California on
Q: Hi I am trying to sell home before it forecloses. I was informed by title company I has a judgement from 2007. Califor

I disputed it but it remains on title report. It’s been 30 days and nothing has happened and I’m told I still owe something I know nothing about

James L. Arrasmith
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answered on Jul 23, 2023

I recommend taking the following steps:

1. Obtain a copy of the judgment from 2007 to review the details and verify its legitimacy.

2. If you believe the judgment is incorrect or should not be on your title report, consult with an attorney to explore your options for disputing it...
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1 Answer | Asked in Foreclosure, Real Estate Law and Probate for California on
Q: Can my brother legally sign a contract to sell (very cheap) our parents house before court approves executorship?

House is in preforclosure. For $5000. Called brother to ask for help paying(son was murdered 3/20/22, missed alot of workand trial starts in aug).instead he panicked and started probate. He says he signed a paper selling house app at 320,000 for $200.000. I've lost my son. My car,... View More

James L. Arrasmith
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answered on Jul 13, 2023

I am an attorney licensed in California, and I can provide some general information regarding your situation. It is important to consult with an attorney who specializes in probate law to address the specific details of your case. Generally, in the absence of court approval or a valid power of... View More

1 Answer | Asked in Bankruptcy, Estate Planning and Foreclosure for Arizona on
Q: An irrevocable trust, property as an asset in that irrevocable trust, and collection of delinquent HOA fees in Arizona.

I and my wife are the beneficiary of an irrevocable trust (the settlor is deceased). After speaking with the trustee/attorney, we chose to not transfer the title out of the trust until my wife and I felt comfortable. In addition, my wife and I live in the home (and have since before the trust was... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 13, 2023

Have an experienced attorney in AZ examine your HOA covenants with a title examination of the residential property. Most probably, The Homeowner's Association enjoys written covenants in the real estate records that apply to each property and give it a right to impose the debt with priority... View More

3 Answers | Asked in Foreclosure, Landlord - Tenant and Small Claims for California on
Q: Am I entitled to my portion of the money given to move out?

While living in a home that goes into foreclosure as a tenant with the home owner who also resides in the home we were given the “cash for keys” option. The owner had the parties residing here sign the agreement that when accepted gave the homes occupants (3in total) 15,000 dollars to aid in... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

It depends on the agreement that you signed, whether you are entitled to that money. I would think you are at least entitled to your statutory move out allowance of 30 day's rent if you were there more than 1 year. You should have contacted an attorney before signing any significant agreement,... View More

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1 Answer | Asked in Foreclosure for Tennessee on
Q: House to be foreclosed on we go to court tomorrow will they give us time to get out no notice of foreclosure

No notice of foreclosure new mortgage company just sent foreclosure papers we had that stopped now we go to court tomorrow for the foreclosure and the house has already been sold without us knowing got no papers or anything found out from my niece will we have time to get out after we go to court... View More

Anthony M. Avery
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answered on Jul 11, 2023

It sounds like it was foreclosed earlier and now you are in Sessions Court on a Detainer. Judge will give possession to the new owner and you will get 10 days to get out. Otherwise a Writ of Possession might be executed by the Sheriff. The foreclosure may have not been conducted correctly,... View More

1 Answer | Asked in Foreclosure for Oregon on
Q: Why would bankruptcy be a benefit for the question related to accelerated loan foreclosure in oregon.
Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
answered on Jul 10, 2023

Because the likelihood is that if you don't have funds to immediately reinstate the loan you are not going to get anywhere with the lender and you will have to file a chapter 13 to stop the foreclosure and give you 60 months to pay back the amount that you are behind on the mortgage. People... View More

1 Answer | Asked in Foreclosure, Civil Rights and Real Estate Law on
Q: I've lived on my property 13 yrs an now I'm being told that my property was sold to someone else.what can I do?

I have all the documents for my property

T. Augustus Claus
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answered on Jul 7, 2023

If you have been living on the property for 13 years and have supporting documents, such as ownership records or a deed, it is important to consult with a real estate attorney immediately. They can help you understand the situation, review your documents, and determine the appropriate course of... View More

2 Answers | Asked in Foreclosure for Florida on
Q: Can I sell my home before foreclosure?

A week ago, my mortgage company sent my case to an attorney to start foreclosure proceedings.

There is no sale date as of yet.

I'm trying to sell my house before anything happens.

My questions are:

- About how long will it take for the attorney to set a sale... View More

James Clifton
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James Clifton
answered on Jul 7, 2023

You can absolutely sell your house prior to foreclosure. The foreclosure process in Florida is a judicial foreclosure and takes a while to accomplish, sometimes 18 months or more. However, it can happen much quicker if you do not file an answer in the case. If you sell the house before the... View More

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2 Answers | Asked in Foreclosure for Florida on
Q: Can I sell my home before foreclosure?

A week ago, my mortgage company sent my case to an attorney to start foreclosure proceedings.

There is no sale date as of yet.

I'm trying to sell my house before anything happens.

My questions are:

- About how long will it take for the attorney to set a sale... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 7, 2023

I absolutely agree you should hire an experienced foreclosure defense attorney who can also facilitate the sale and you have been provided an excellent answer by Mr. Clifton. No one should buy, sell or rent real estate without a lawyer and it can be especially challenging with a foreclosure... View More

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2 Answers | Asked in Foreclosure for Puerto Rico on
Q: Can someone help me find foreclosure records for a property in Puerto Rico
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

My first stop would be with the Property Registry. Request a registry certification with tract history for the property. You'll need the lot ("finca") number and the demarcation (where the property is located), and it'll let you know if the property has been foreclosed and... View More

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2 Answers | Asked in Foreclosure for Puerto Rico on
Q: Can someone help me find foreclosure records for a property in Puerto Rico
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

The 33% legal fees arise from Act 9 of August 8, 1974, 4 L.P.R.A. § 742, which establishes that an attorney may not charge more than 25% in the case of minors or legally incapacitated adults, and no more than 33% legal fees in the rest of the personal injury cases. Nevertheless, in Coop de Ahorro... View More

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