Ask a Question

Get free answers to your Foreclosure legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Foreclosure Questions & Answers
1 Answer | Asked in Bankruptcy and Foreclosure for Virginia on
Q: If you've rec'd a foreclosure notice and considering bankruptcy, can you keep your home if you have equity?

I think it's called an automatic stay

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

When you file for bankruptcy, the automatic stay goes into effect immediately, stopping the foreclosure process temporarily. This gives you some breathing room to explore your options and assess your financial situation without the threat of losing your home right away.

If you have equity...
View More

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for New York on
Q: I’m looking to retire and shut down my LLC
Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'm not sure what your question is... but I'll try to provide some helpful tips.

First, make sure to notify your accountant or payroll service provider of the closing date so they can prepare the final returns. Failure to do so can result in massive fines and large penalties....
View More

View More Answers

1 Answer | Asked in Landlord - Tenant, Foreclosure, Real Estate Law and Civil Rights for Illinois on
Q: Disposal of tenants personal property after eviction but no order/notice as to the tenants property, not abandoned

After foreclosure, tenants not parties to foreclosure and no notice to lis pendens. Previous owners to mortgage never found. Tenants of 5 years on property. Day of eviction order, clearly are loading up their belongings and in process of moving but don't have everything out yet, landlord... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

In Illinois, landlords must follow specific procedures when evicting tenants, even after a foreclosure. If you were evicted without proper notice regarding your personal property, the landlord may not have the right to dispose of your belongings immediately. Typically, landlords are required to... View More

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Minnesota on
Q: If a person redeems their property after a sheriff's sale, what fees can be claimed for reimbursement by the bidder
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

When someone redeems their property after a sheriff's sale, the successful bidder may claim certain costs for reimbursement. These typically include the purchase price paid at the sale, any interest that accrues from the time of the sale until redemption, and allowable expenses related to... View More

2 Answers | Asked in Foreclosure for California on
Q: Loan Modification Request and Statute of Limitation

I am very thankful that I received two responses from two different attorneys to my initial question but I'm a little troubled that I was giving conflicting answers. The first attorney stated that if I were to reach out to the servicer and request a loan modification that it would not restart... View More

Robert Kane
Robert Kane
answered on Oct 7, 2024

JLA posts hundreds of artificial intelligence responses weekly in forms such as this. It is unlikely JLA even read your previous post. Although I can't vouche for the other attorney, give his response significantly more weight. I am not sure why Justia allows JLA's responses.

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Ohio on
Q: I have a timeshare loan I want out of. I can't use the services due to health and time restrictions. Is there any hope?

I have a points program with Bluegreen. I have been paying down the loan and kept yearly fees current. I still owe a good portion of the loan. I have rarely been able to use my points before they expire due to family and work time restrictions. I have also recently developed solar urticaria, and... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 4, 2024

There are attorneys who concentrate their law practices in taking in timeshares. Consult with experienced attorneys. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

2 Answers | Asked in Foreclosure for California on
Q: I lost a surplus check from a Foreclosure in Calif almost a year to the check date. I now have found it can I cash it?

The check has no expiration date and is still in good condition.

James Clifton
PREMIUM
James Clifton
answered on Sep 30, 2024

If there is no expiration date on the check, you may be able to cash it. However, contact the issuer to confirm that they have not issued a stop pay on the check and to confirm that you can cash it.

View More Answers

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Washington DC on
Q: Mortgage loan that not amortize can the accounting be accurate in the district of Columbia for mortgage loan

Preen loan services has bee charged with providing inadequate charges to customers

Richard Sternberg
Richard Sternberg
answered on Sep 24, 2024

I'm sorry. I don't understand your question, assuming there is a question here. Mortgage loans are almost always amortized since that's what happens to an interest-bearing loan. If Preen is charged with something by someone and you are somehow affected, maybe you should talk to that... View More

1 Answer | Asked in Foreclosure for Florida on
Q: Who responsible for the mortgage, if the husband name on it and not the wife but she’s on the Deed
Evan M. Rosen
PREMIUM
Evan M. Rosen pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2024

The party who signs the note is the one that's responsible for payment. But if that party does not pay, the lender can typically foreclose the mortgage and force the sale of the property.

2 Answers | Asked in Contracts, Foreclosure, Banking and Business Law for California on
Q: UPDATED: Guarantor responsibility when borrower SUFFERS unforeseeable illegal actions that result in impossibility

Thank you for responses. Added missing info. Small business gets loan, guaranteed by third party guarantor, for early operations (almost all went to into fixtures) with understanding loan would be repaid from cashflow. Services offered ONLY at facility, which must be permitted. Signed 10-yr lease... View More

Robert Kane
Robert Kane
answered on Sep 20, 2024

Impossibility is an affirmative defense you will need to raise in court if the creditor seeks to enforce the contract. The judge will determine if it is impossible under the law based on the specific facts.

View More Answers

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: I've got a judgement, debtor has excess funds from foreclosure. My suit was filed post foreclosure. Any way to access $?

Foreclosure trustee atty suggested I contact a lawyer. Excess funds are available after all liens paid. This is in San Joaquin County. California. Previous "collections" answer said ask a foreclosure lawyer.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2024

You may have an opportunity to access the excess funds from the foreclosure sale if you have a valid judgment against the debtor. Since your lawsuit was filed after the foreclosure, you need to determine if your judgment qualifies as a lien that can be satisfied from the remaining funds. Generally,... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Virginia on
Q: real estate question: What does a Seller do in process when they sell a house 3 days prior a Wrongful foreclosure date

Real estate question: basic now but will elaborate when connected. Note: will type words in a form of 3rd person so its less emotional for me, stay on logic.

Also, a lawyer that was the office for Legalaide stated that it does not matter the Foreclosure the property was sold, there is no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

When you sell a home just a few days before a scheduled foreclosure, the sale can have important consequences on the foreclosure process. First, make sure that the sale of the property is fully finalized and that all necessary documents have been recorded. Once the house is sold, the foreclosure... View More

1 Answer | Asked in Foreclosure for Michigan on
Q: My brother was buying my house on verbal land contract, which apparently is illegal in MI. He's not making payments

He has borrowed back most, my issue, but he has not paid anything in a year. The courts do not seem to be helping, tried evicting both as a tenant and under land contract. The court keeps saying it falls under neither.

Brent T. Geers
Brent T. Geers
answered on Sep 11, 2024

You probably need to file a 30-day notice to quit, then an eviction action. He is a month-to-month tenant. The court is correct that when it comes to land, a verbal agreement is worth the paper it's printed on.

1 Answer | Asked in Foreclosure, Real Estate Law, Appeals / Appellate Law and Constitutional Law for Puerto Rico on
Q: My grandparents house got took by Puerto Rico's government while trying to sign it over is this possible?

My mother has the paperwork from my grandfather to get over to her name. What could we do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

If your grandparents' house was taken by the Puerto Rican government while you were in the process of transferring ownership, it may have been due to a legal action like eminent domain or foreclosure. You should first confirm the exact reason why the property was taken, as this will determine... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Louisiana on
Q: real estate company I work for won a lawsuit judgement in Dallas. We need to foreclose in New orleans what do we need

The original judgement was won in 2013. We have received a renewal on it Feb 2024. We want to know how to proceed with an Attorney in New Orleans.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

Post query in LA, not TX. Hire a LA collection attorney or real estate litigator. The foreign Judgment will need to be localized if it has not already been. Hopefully you have the Judgment filed as a lien. A bond may be required to execute the levy.

1 Answer | Asked in Foreclosure for Texas on
Q: Need advise/help

Our situation is several years ago we got property tax assistance from one of those places they help you pay your taxes at the time it was with Sombrero Capital through the course somehow our account was bought by or transferred to xx . We were making our payment on time but them the pandemic hit I... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2024

Sorry to hear about your problem.

You need to go to the County Clerk Office and get a copy of the judgment against you. It would be good to also ask for the :Clerk's Minutes" on the case. That is because you want to know the dates of the lawsuit filing and other matters. As you...
View More

1 Answer | Asked in Foreclosure, Real Estate Law, Civil Rights and Constitutional Law for California on
Q: i was phisically removed from a property after being served with a sheriff lockout while not being named on the paperwok

what can i file for an judge to dedcide the same day on giving me back my rights to the property after wrongful eviction and lockout

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2024

If you've been wrongfully removed from a property after a sheriff lockout, especially if you were not named on the paperwork, you may have grounds to challenge the eviction. You can file an "Ex Parte Application" for a temporary restraining order (TRO) to regain access to the... View More

1 Answer | Asked in Appeals / Appellate Law and Foreclosure for California on
Q: When a wrongful foreclosure case is dismissed with prejudice without appearing in court, how to appeal?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2024

If your wrongful foreclosure case was dismissed with prejudice without appearing in court, you have the option to appeal the decision. The first step is to file a notice of appeal with the court that issued the dismissal. This must be done within a specific time frame, typically 60 days from the... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Washington on
Q: I filed a will contest, I was told since I did not serve other party within 90days they are trying to dismiss it.

Need help with an estate issue , and a probate/will

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2024

Hire a WA that knows how to contest the probate of a will.

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New York on
Q: Hello how do i find out the status of an Heir property ?

There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate

'

Jack Mevorach
Jack Mevorach
answered on Aug 18, 2024

Contact the Executor of the estate and inquire.

Jack

View More Answers

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.