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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

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1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Appeals / Appellate Law for Georgia on
Q: Looking for help to write default judgement on defendant's who keep missing the deadline to answer the case.

File the case on1/18/2024 the defendant didn’t answer until 2/29/2024 with a motion to dismiss and verified answer defense. I did a MSJ on 6/10/2024 and the defendant did not answer until 7/15/2024 with a request for oral hearing and another motion to dismiss once filing late to answer. How can I... View More

James L. Arrasmith
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answered on Aug 15, 2024

When seeking a default judgment against a defendant who repeatedly misses deadlines, focus on their failure to comply with the court's timeline. Highlight that the defendant did not answer the case until well after the initial deadline and that they have continued to delay proceedings by... View More

1 Answer | Asked in Consumer Law, Foreclosure, Tax Law and Business Law for Indiana on
Q: Can I make a negotiable instrument out of my bill for property taxes? I I'm not the principle my name isn't on the house

We are losing the house to back taxes.

James L. Arrasmith
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answered on Aug 15, 2024

It's really tough when you're facing the possibility of losing a home due to unpaid property taxes. Unfortunately, if your name isn't on the house and you aren't the principal owner, you don't have the legal authority to turn a tax bill into a negotiable instrument. The... View More

1 Answer | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: I wrote an answer to a foreclosure judgement summons that originated from credit card debt. I am asking for review.

I had a financial hardship 10 years ago, which led to a default judgement lien. Credit union has decided to move forward with foreclosure. I was working with an attorney remotely and this week he will not respond and I need to file my answer tomorrow! I am willing to pay for someone to review... View More

James L. Arrasmith
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answered on Aug 15, 2024

It sounds like you're in a difficult situation, especially with the urgency of your deadline. I can help by reviewing your drafted answer and providing feedback to ensure it is clear, accurate, and effectively addresses the foreclosure summons.

Given the time-sensitive nature of your...
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1 Answer | Asked in Collections, Bankruptcy and Foreclosure for Illinois on
Q: Can a judgement creditor get a lien and foreclose on joint tenantcy property in Illinois?

Can creditors with a judgement against me sell a house I own joint tenant with right of survivorship with my sister if she doesnt owe the debt? I live in Illinois?

James L. Arrasmith
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answered on Aug 5, 2024

In Illinois, a judgment creditor generally cannot place a lien on property owned as joint tenants with rights of survivorship if only one tenant owes the debt. Since your sister does not owe the debt, her interest in the property is typically protected from the creditor's claims. This means... View More

1 Answer | Asked in Bankruptcy, Foreclosure and Identity Theft for Texas on
Q: I think my father filed bankruptcy in my name and I believe he's been Using my SS # for alot of FRAUDULENT actions
James L. Arrasmith
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answered on Aug 2, 2024

If you believe your father has filed for bankruptcy in your name and used your Social Security number for fraudulent actions, it's crucial to take immediate steps to protect yourself. First, obtain a copy of your credit report from all three major credit bureaus (Equifax, Experian, and... View More

1 Answer | Asked in Foreclosure for California on
Q: I have the title to my house, my boyfriend is on the loan, he left and no longer made the payments, I can make them

I talked to the bank but my ex boyfriend doesn't want to sign the documents to change the loan

James L. Arrasmith
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answered on Aug 1, 2024

It's tough to deal with a situation like this, but there are steps you can take. Since you have the title to the house, it gives you some leverage. Begin by documenting all your communications with the bank and your ex-boyfriend. This documentation can be helpful if you need to take legal... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: HOA filed compliant judicial foreclosure of lien and damages. If I pay the HOA fees owed, will this go away?

HOA filed compliant judicial foreclosure of lien and damages for balance owed. I can pay outstanding balance and plan to answer the complaint. Will court be necessary? Will payment end the process?

Anthony M. Avery
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answered on Jul 25, 2024

Hire a GA lawyer today. HOA intends to take your condo. It is too serious for you deal with. You knew you had to make the HOA happy when you bought the place.

2 Answers | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I am a Creditor seeking foreclosure on a Los Angeles condo by a man who Fraudulently Transferred equity to his brother.

To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 18, 2024

Thank you for your question!

If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial...
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1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: As a new purchaser of land that was currently involved in tax lien foreclosure action, do I have the right to redeem?

I bought the parcel from the owner. The owner had tax lien certificates against the property older than 3 years, and the certificate holder had initiated foreclosure. After I recorded the transfer I notified plaintiffs attorney. The attorney had a motion for default filed and after being notified I... View More

James L. Arrasmith
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answered on Jul 18, 2024

As a new purchaser of the land, you do have the right to redeem the property. In Arizona, the plaintiff's attorney should have notified the court of your ownership change and provided you with the complaint, summons, and other necessary documents. Given that you recorded the deed and promptly... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Kentucky on
Q: If a person is on a deed after death of mortgage holder with no will, who is responsible if the loan defaults

The spouse was not on the deed (married 2 months) and another individual was added to deed. Mortgage has been paid 3 years following death of loan holder

Anthony M. Avery
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answered on Jul 17, 2024

Being a grantee on a deed does not make you liable for a mortgage indebtedness. Who signed that note or his estate will be liable for the loan.

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Is there a way to take over my mother's mortgage after she passes so the bank doesn't take it?

Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.

Jack

2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: A friend bought my parents foreclosed house- can they sell back to me now at same low price?

Purchase was 10 years ago, and under market value. Any statutes apply? Michigan

Anthony M. Avery
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answered on Jun 27, 2024

Seller can convey to who he wants. But get a MI attorney to search the title and draft the Deed.

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for South Dakota on
Q: I have become executor of will and have acquired my father's house. Can I let it go back to the bank with all the stuff

Can we leave all the stuff in the house and let it go back to the bank?

David R Hansen
David R Hansen
answered on Jun 26, 2024

Hello,

Thank you for the inquiry. Generally under SDCL 29A-3-703, a personal representative (aka executor) of an estate in South Dakota has a fiduciary duty to preserve the assets and act in the best interest of the estate. It is difficult to know how this may apply to your specific...
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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Illinois on
Q: I am pro se, I need to get my lien recognized in mortgage foreclosure case against the person I got a lien against.

I filed an appearance and answer, I showed up to the court date but got scared and didn’t file an answer, I told judge this is too stressful I don’t want to be a part of this case, and now my lien isn’t recognized in the judgement.

Somebody told me all I had to do was file the answer... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 19, 2024

Your solution is to retain a real estate attorney, now. Nobody online can tell you what document to file without reviewing the case.

1 Answer | Asked in Landlord - Tenant, Foreclosure and Real Estate Law on
Q: If I create an LLC and then build a duplex, rent one half to myself am I covered by the llc if it defaults?
Anthony M. Avery
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answered on Jun 17, 2024

Default on what? If the LLC borrows money, the lender will demand the managing member to individually sign the Note also.

1 Answer | Asked in Foreclosure for New York on
Q: My grandmother's estate is being foreclosed on, I'm listed as an heir - should I get a lawyer?

I've received paperwork to my home, but I'm not listed on any deed, I don't own property - I want to make sure I will not be held responsible for my grandmother's estate and the property she owned that is being foreclosed on due to a reverse mortgage.

Michael David Siegel
Michael David Siegel
answered on Jun 12, 2024

You are just being named to clear title. You have no personal liability, and if you do not care about the property, do nothing. You will get other papers as the case proceeds.

1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: I need to foreclose on a home mortgage I hold. I hope to get a deed in lieu of rather than have them go through the for

closure process. The deed says that the trustee will get a 5% commission on the proceeds of a foreclosure sale. What will he be entitled to if I do get the deed in lieu of?

Ben Corcoran
Ben Corcoran
answered on May 3, 2024

By doing a deed in lieu, you are releasing your lien and will have to file a release with the register of deeds.

No foreclosure proceedings will commence, so the trustee will not be compensated.

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: How do I file a dismissal on a final judgement/forclosure? I have proof of coercion from plaintiff. What form is used??

How do I request a hearing with the Judge to show that Plaintiff (my mom), who was granted final judgment. Plaintiff utillized coercion to keep me quiet. She sent text messages to my sister saying if I dont sign over the deed she will make it her job, day in and day out to have my son taken from... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 2, 2024

This is not a do-it-yourself project. Your description of how this is being handled calls into question your ability to protect your home from being foreclosed. Consult with a local foreclosure defense attorney as soon as possible.

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1 Answer | Asked in Foreclosure for Tennessee on
Q: After not appearing in court the planet won the case for a width of possession in Tennessee . Does the defendant get not

Is the defendant get notified of the witt of possession for the day start counting down in Tennessee or does the sheriff come out and give them written notice of the action and comes back or what happens next in the state of Tennessee

Anthony M. Avery
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answered on Apr 3, 2024

Defendant is not entitled to anything. Sometimes the Sheriff will contact occupant and tell him to leave prior to execution of the writ. Otherwise Sheriff shows up when he wants to and physically removes occupant, who will be arrested if he returns.

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