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1 Answer | Asked in Real Estate Law and Foreclosure for California on
Q: Would there be a foreclosure risk if we hold on to mortgage payments until we hear back from the mortgage relief
James L. Arrasmith
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answered on Nov 28, 2023

Under California law, holding off on mortgage payments while waiting for a response regarding mortgage relief can be risky. Foreclosure proceedings can be initiated by your lender if you miss payments, even if you have applied for mortgage relief. It's important to keep in mind that the... View More

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

Richard Winblad
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Richard Winblad
answered on Dec 20, 2023

I'm not licensed in California, so this information may be helpful when you visit with a California licensed attorney.

People often confuse the concept of car titles with property ownership. A car title is typically signed over to the purchaser. The same is not true with real estate....
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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

James L. Arrasmith
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answered on Nov 21, 2023

Based on the limited information provided, it seems there may have been an issue with the property title and transfer process when the company bought your home in California. A few key points:

- If your name was still on the deed when the company came to take possession, typically the sale...
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1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on
Q: I am trying to find the law/order on mortgage/promissary statute of limitations in the state of virginia

Mortgage lender hasn't contacted me for over 9 years with no payments made for 9 years. Now received a letter stating it is from a "debt collector" which appears to be an attorney's office.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 20, 2023

In Virginia, a deed of trust with a stated maturity date has a statute of limitations of 10 years from the maturity. If there is no maturity date, the statute of limitations is 20 years from the recordation date of the deed of trust, except for credit line deeds of trust. With a credit line deed... View More

1 Answer | Asked in Foreclosure for California on
Q: Do I have any right on my house foreclosure 30 years ago without received any letters from lender ?

30 years ago my house been foreclosure which was rented and I was living in different town for my work , and i never received any notification about foreclosure, address is 14796 Briana street Moreno valley CA.

James L. Arrasmith
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answered on Nov 17, 2023

In California, the statute of limitations for challenging a foreclosure based on lack of notice is generally limited. After 30 years, it's highly unlikely that you have any legal recourse regarding the foreclosure. California law requires lenders to provide notice of foreclosure, but if you... View More

2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Alabama on
Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

Frank Truncali
Frank Truncali
answered on Nov 15, 2023

In order to transfer the title to the property in Montgomery, it would be necessary to open an estate in the Montgomery County Probate Court. The person who is handling the estate must be an Alabama resident. This would not address any property located in Louisiana, however. If a family member is... View More

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2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Alabama on
Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

James Blount Griffin
James Blount Griffin
answered on Nov 15, 2023

I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.

To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate...
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1 Answer | Asked in Foreclosure and Insurance Defense for Florida on
Q: Legal Representation Needed for Lawsuit Against Insurance and Mortgage Companies

Property damage claims in 2022 and 2024 Insurance Company, and mortgage companies have withheld in repair funds.

We need an attorney to:

1. File and pursue litigation against our insurance company and the mortgage company for breach of contract.

2. Secure the withheld funds... View More

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2024

A Florida attorney could advise best, but your question remains open for over a week. You have probably already been searching for attorneys. You could supplement your efforts with the "Find a Lawyer" tab above, which lists attorneys by region and practice area. You could also look into... View More

2 Answers | Asked in Bankruptcy and Foreclosure for Pennsylvania on
Q: I'm Bidding on a tax foreclosure Sheriff Sale in the city of Philadelphia. Will the property be relieved of any liens?

The property doesn't have any mortgage attached to it. Since this is a sheriff tax foreclosure sale I wanted to make sure the liens if any will be settled with your highest bid amount.

Timothy Denison
Timothy Denison
answered on Nov 20, 2024

You should receive the property free and clear of any liens after the sale.

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1 Answer | Asked in Foreclosure, Real Estate Law, Identity Theft and Wrongful Death for Maine on
Q: Trying to find out about a trust
Anthony M. Avery
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answered on Nov 19, 2024

What is your question?

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: hi Is a notarized signed and submitted Deed in lieu of foreclosure documents revocable by a plaintiff in New York
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

There are limited circumstances under which a plaintiff (typically the borrower) might try to revoke or challenge the validity of a submitted Deed in Lieu of Foreclosure (DIL). Generally, once the lender accepts and files the DIL, revocation is highly unlikely unless a valid legal basis exists.

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Ex Parte for Lis Pendens

Does the Superior Court of California, Central District, allow for an pro se ex parte hearing regarding approval of a Lis Pendens that needs an emergency recording due to an upcoming foreclosure Trustee sale?

James L. Arrasmith
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answered on Nov 16, 2024

Based on San Bernardino County Superior Court rules, yes, you can file an ex parte application for recording a lis pendens as a self-represented litigant, especially when facing an urgent foreclosure situation. The court recognizes the time-sensitive nature of pending trustee sales.... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Limited Scope Attorneys

Are there attorneys that served the Superior Court of California, Stanley Mosk court, on a limited scope representation basis for a pro se litigant in a quiet title foreclosure defense lawsuit? I can't afford full representation.

James L. Arrasmith
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answered on Nov 15, 2024

Yes, you can find attorneys who offer limited scope representation (also called "unbundled services") at the Stanley Mosk Courthouse in Los Angeles for foreclosure defense and quiet title cases. Limited scope means the attorney handles specific parts of your case while you handle the... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Regarding Lis Pendens

As a pro se plaintiff in a quiet title civil lawsuit against my servicer and lender, instead of filing a Motion for Approval for Lis Pendens, which would take a long time to get onto the judges calendar, can I file a Application for Approval for Lis Pendens instead in the Superior Court of... View More

James L. Arrasmith
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answered on Nov 15, 2024

In California state courts, you can indeed file an Application for Approval of Lis Pendens (Notice of Pending Action) instead of a motion, which often proves faster than waiting for a motion hearing.

However, you should note that filing requirements can vary between federal and state...
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1 Answer | Asked in Civil Rights, Consumer Law, Foreclosure and Real Estate Law for California on
Q: How to forfeit a foreclosure based on untrue and deceptive actions including aunauthorized fraudulent mortgage loans

Attorney claiming to have power of attorney over me without any authority from me used to obtain two mortgage loans for a way of paying himself out for attorney fees he claims i owe using his financial institution and his mortgage institution not only had he used the same form to file both separate... View More

James L. Arrasmith
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answered on Nov 14, 2024

You appear to be dealing with a serious case of potential mortgage fraud and unauthorized use of power of attorney, which could constitute both civil and criminal violations.

Your first step should be to file complaints with multiple authorities: the State Bar of California regarding the...
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3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Sold property to a friend. He said he was going to sell. It and he said had a contract, I hold the mortgage

he has not paid Octobers payment in full. I haven’t heard from him. Has been late for since the beginning. And November is due in two days. I cannot contact him or get a hold of him at all. Can I foreclose?

James Clifton
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James Clifton
answered on Nov 10, 2024

Unless the note or mortgage provide for a length of delinquency longer than 30 days, you can begin the foreclosure proceedings upon proper notice of the default and acceleration of the mortgage. Schedule a free consultation to ensure you are ready to begin the foreclosure process.

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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: Can you sue your mortgage company and win your home free and clear ?

Illegal foreclosure

Jack Mevorach
Jack Mevorach
answered on Nov 4, 2024

It's possible.

Jack

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Kansas on
Q: They forfeited warranty deed contract. Not paid taxes, no insurance, missing payments, broke promissary note. Forfite al

How to file and is a warranty deed contract the same as a contract for deed?

Anthony M. Avery
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answered on Nov 4, 2024

No such thing as a warranty deed contract. If you are the owner then sue for possession now.

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Probate for Oregon on
Q: Is my mother's probate attorney supposed to give me an itemized list of expenses?

Can I ask him for a list?

Theressa Hollis
Theressa Hollis
answered on Oct 22, 2024

Did your mother pass away or did she hire a probate attorney? Were the expenses incurred by the attorney or someone else? More information is needed before your question can be accurately answered.

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1 Answer | Asked in Foreclosure and Civil Litigation for California on
Q: Ownership interest

How much ownership interest in a residential property do I need to have standing to bring a civil action in court?

James L. Arrasmith
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answered on Oct 19, 2024

To have standing to bring a civil action in court regarding a residential property in Perris, CA, you must demonstrate a sufficient ownership interest. Typically, this means you must have a direct financial stake in the property, such as being a legal owner or holding a lien against it. Your... View More

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