Get free answers to your Foreclosure legal questions from lawyers in your area.
Your current state is Ohio
answered on Jul 5, 2023
I've seen two methods of litigation concerning mortgage foreclosures: the first is foreclosure of the mortgage after due notice of acceleration of the debt evidenced by the Note, and the second is to sue on the Note alone, with the Mortgage reserved for post-judgment relief.
Assuming... View More 
I hired a foreclosure defense attorney who has been elusive, not responding timely to emails or phone calls. For several months I have been asking for a Statement of Charges against my initial paid retainer. I received an email demanding money without a breakdown of charges as requested. He has... View More
answered on Jul 4, 2023
File a fee dispute with either the Maryland State Bar Association or the local bar association for either Baltimore County or Baltimore City (if that is where the lawyer is located ot you are located), by going to the below link and identifying the correct fee dispute panel:... View More
My father who was a resident of Puerto Rico passed away. He had a house where the mortgage was more than the value of the house. The house is going into foreclosure and will likely not bring much money. Am I responsible for that debt or does the debt stop with the value of the estate?
answered on Jul 6, 2023
The Rule of Law in Puerto Rico for hereditary estates is that the heirs, having accepted their inheritance, subrogate themselves in the deceased place regarding the estate's assets and liabilities. If an estate is more debt than assets, the heirs may repudiate their inheritance. Be advised... View More
My sister and I live with mom and we are all on disability. I don't know what all we need to do for all of this and we can't afford and attorney. We need property taxes to keep from going into foreclosure. Any help will be appreciated.
answered on Jun 30, 2023
Go to this website and follow the steps to help your mother defer her Oregon property taxes:
https://www.oregon.gov/dor/programs/property/pages/senior-and-disabled-property-tax-deferral-program.aspx
If your mother lives in Multnomah County she may be eligible for free legal... View More
answered on Jun 29, 2023
Great question! In many situations, a new deed will trigger the "due on sale" clause in loan paperwork and require immediate repayment of the mortgage in full (for example if someone deeds all or part of their home or attempts to sell the house without paying off the loan).
A... View More
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answered on Jun 27, 2023
Typically, a condo association has the right to initiate foreclosure proceedings if a homeowner fails to make assessment payments. However, the specific rules and procedures regarding foreclosure can vary based on your jurisdiction and the governing documents of your condo association. It's... View More
This hoa started off saying we had needed dry rot repairs and it has morphed into a full-on remodel of various projects here. I'm disabled and on fixed income and cannot pay and now in danger of lien/ foreclosure. They are demanding 54 thousand dollars now. In addition to 765.00 hoa we pay per... View More
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answered on Jun 22, 2023
I'm sorry to hear about the difficult situation you're facing with your HOA. To address the unjust assessments and the potential for a lien or foreclosure, consider the following steps: Review your HOA documents to understand your rights. Communicate openly with your HOA, explaining your... View More
answered on Jun 21, 2023
It is rare to receive the surplus funds quicker than 30 days. In the event that the surplus funds are turned over to the court in an interpleader action, it could take 6-12 months to receive the money. Hiring an attorney expedites the process and helps avoid evidentiary issues as well as issues... View More
answered on Jun 20, 2023
You would need to file for an injunction in the Superior Court in the county where the loan holder is located. Filing for an injunction is a complicated process that gets a high level of scrutiny from the judge. Defenses to foreclosure in Georgia are also very limited in scope. Schedule a free... View More
House was used for collateral when divorce agreement specifically said that person could not take out a loan using the house, he is also deceased now. Collectors threatening foreclosure
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answered on Jun 19, 2023
In California, if a person dies and they have a mortgage on their home, the mortgage company has the right to foreclose on the property if the mortgage is not paid. However, if the loan was taken out by someone other than the deceased person and the deceased person was not a co-signer on the loan,... View More
The Lender brought a prior action on 06/10/2010, according to FAPA the Statute of Limitations began to run as this action was voluntarily dismissed by Lender. This was not dismissed by a Court.
The Lender started a new action with Lis Pendens, Summons & Complaint on 03/30/2011; however,... View More
answered on Jun 19, 2023
Your question presents a complicated factual scenario; it is unclear for example, when the case you are asking about was filed. You indicate that the second case was filed in 2011, but also that a lis pendens was filed in 2016. Was that LP filed in connection with a third case? Statutes of... View More
My parents left everything to me in their will. I understand that this is illegal .
answered on Jun 15, 2023
Property taxes are still due regardless of how you obtained the property. Therefore the county can do that. The part that is not allowed is 'income tax' on the value of the property. It cannot be shown as income against you, assuming other factors do not apply, but since you are asking... View More
Home owner passed in summer of 2022. Orginal mortgage sold loan after notification of death. Executor didn't get appointed until 9 months later. New mortgage company was unknown. No bill sent. Orginal Mortgage company would not divulge loan company. New company sent 7 months of bills at once... View More
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answered on Jun 14, 2023
If actual payment in full was tendered to the creditor and refused, then arguably it was waived. And a suit to enjoin the foreclosure should have been filed with a bond being posted. Title has merged now, but it might be the basis of a cheaper, but harder, Chancery suit for wrongful foreclosure... View More
How Do I file the TRO, Lis Pendens, Prelininary injunction and Declaratory Relief?
answered on Jun 14, 2023
A notice of lis pendens is filed in the deed records of the county where the property is located.
An application for TRO, preliminary injunction, and declaratory relief is filed electronically with the clerk of the court (which could be the county clerk, state district clerk, or federal... View More
We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens). The bank (who is in possession of the senior lien) is now foreclosing the property through a private auction. Do we have the ability to claim any surplus from the bank sale to try and... View More
answered on Jun 13, 2023
After the property is sold, there will be a surplus or a deficiency. If a surplus, then the order in which payment is made is to the plaintiff, then to any lienholder, then to the owner. That's it. There's no.provision to be repaid, etc.,.etc. I think its section 45.032, Florida Statutes.... View More
We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens). The bank (who is in possession of the senior lien) is now foreclosing the property through a private auction. Do we have the ability to claim any surplus from the bank sale to try and... View More
answered on Jun 13, 2023
Yes, you can claim the surplus funds as the new owner of the property. Your claim to the surplus will only be cutoff by lien holders who recorded an interest between the date of recording the senior lien and the junior lien. Attorneys typically charge a percentage of the amount recovered to file a... View More
Have to vacate the property?
answered on Jun 7, 2023
Technically, once title transfers to the new owner the previous owners should vacate immediately. However, that is not feasible in many circumstances, and the new owner who purchased the property at the foreclosure sale may be willing to give the former owner assistance with moving in an agreement... View More
Working with lender and their foreclosure lawyer for loan modification or reinstatement when it was sold. Lender bought it back at sale but since a VA loan, the Secretary of VA took it before I could get cash together to pay reinstatement. Realtor apparently works for VRM, the current contractor... View More
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answered on Jun 5, 2023
It sounds like a Foreclosure has occurred, but you might hire an attorney to look into it. Until you are served or posted with a Detainer Warrant, the owner has done nothing to obtain possession. Suit must be filed, served and heard by the Court. Then you will have 10 days to leave after... View More
Long story short, my uncle purchased a foreclosure property from a county auction. It turned out the property she purchased, there was a senior lien. Therefore, she ended up losing the house. Now the lawyer for the defendant (the LLC who got foreclosed), is claiming a surplus of funds. This LLC has... View More
answered on Jun 3, 2023
If the defendant is claiming surplus funds from the foreclosure of the second mortgage that your uncle purchased at auction, the defendant is entitled to those funds subject to any claims of other creditors. If the defendant is claiming surplus funds from the foreclosure of the first mortgage, your... View More
I understand that the surplus is to go to the title holder but I don't understand how to start that process or how to make the motion to have the trustee send the funds to me.
answered on Jun 1, 2023
The attorney who handled the foreclosure for the bank receives the money on behalf of the bank at the foreclosure sale. Based on the condition of the title, the foreclosure attorney will either release the funds to the former titleholder if there are no other claimants or turn the funds over to the... View More
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