Get free answers to your Foreclosure legal questions from lawyers in your area.
Your current state is Ohio
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
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.
I may need to sell for less than what the bank has as payoff amount.
answered on Apr 2, 2024
What you want to do is a short sale. The bank needs to approve it. Likely not worth your time or money.
What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More
answered on Apr 1, 2024
I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More
answered on Mar 21, 2024
An Illinois attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer guidance based on the brief post. An attorney would want to know the context - whether the matter involved a sale, a will, etc. A consult will probably be... View More
Her house has been paid off for about 15 years. Now she has people constantly calling her and coming to her house to “help” her. Is there any recourse she can do?
answered on Mar 14, 2024
I might recommend having her reach out to an attorney that deals with debt related issues. This could be a debt defense, foreclosure defense, consumer protection, or bankruptcy attorney.
In 2023, I wasn’t able to make mortgage payment on time due to an emergency. I notified the bank that payments would be late for couple months but couldn’t get the money to be current by December. I received a hardship package from the bank 3 weeks ago. I called to update them about my... View More
answered on Mar 12, 2024
Yes, the lender can foreclose. You might want to refinance or sell now.
I have texted reminders to him each m.onth. Property is in Lena, MS
answered on Mar 11, 2024
If you have a Deed of Trust, then you must Foreclose. If you have a Contract(Lease With Option To Purchase), then you must sue for possession. Hire a MS attorney to handle this.
Can i do anything about her not paying the loan n her new husband calling the bank pretending to be me? I havent lived there in 12 years and now shes ruined my credit
What are my options? They said she has till June when house sold in Nov to move out, but im not buying house back and i want... View More
answered on Feb 17, 2024
You don't have many options regarding her staying in the house. The bank now owns it and would be responsible for her eviction at the appropriate time (e.g. expiration of redemption period).
I have title insurance since I bought it is a second chance foreclosed property from xome.com platform
answered on Feb 3, 2024
If you have title insurance, the title insurance policy should provide coverage to defend against the claim to title. You will need to file a claim with the title insurance company directly. Schedule a free consultation to make sure your interest is protected.
I asked where my payments went, if you are claiming I have not paid. No answer. SPS had blocked me from making my December, January and February payments because I was told I am in legal process of foreclosure. I asked why as I have been making payments. I was told I had not made any payments... View More
answered on Feb 1, 2024
You are being screwed with. I help people file bankruptcy to save their home from foreclosure, not this kind of thing.
You need to find an attorney that represents borrowers under the Truth in Lending Act (or TILA). See what you can find on Google for an attorney versed in this law that... View More
The sheriffs office told me that they charge $3500 to remove him if he doesn’t leave.
That seems very expensive, especially since I’m evicting a non paying tenant.
Thank you
answered on Jan 15, 2024
I do not understand the actual question. Once you receive an execution for possession, it needs to be served and the sheriff (or constable) need to oversee the removal of the tenants personal property from the leased premise by a moving company and stored in a bonded storage facility. This is all... View More
answered on Jan 6, 2024
Given the lack of detail in your post, the only potential advice that anyone can give you is:
You should consult an employment lawyer about your wrongful termination and retaliation claims.
You should consult a foreclosure about how to handle the foreclosure.
1026 Closing Disclosure document asks the question "if your lender forecloses on this property and the foreclosure does not cover the amount of the unpaid balance on this loan, A. state law protects you from liability for the unpaid balance unless you refinance or take on any additional debt,... View More
answered on Jan 3, 2024
That closing document has no legal effect. If you sign the Note, then you can be sued for the money owed, or after foreclosure, get sued for the deficiency. If sued, you might use the disclosure as a defense, but it is not going to work.
Hi, my partner owns(ed) a house and in 2019 signed a new mortgage contract with a company taking over the previous. Then covid hit. To my understanding mortgages were supposed to be frozen. This mortgage company had kept billing him however and before we knew it he was slapped with a notice to... View More
answered on Dec 27, 2023
Under California law, it's important to know that even if a house is sold at auction due to unpaid mortgage, former homeowners may still have certain rights. The fact that the mortgage issues arose during COVID-19 adds complexity to the situation, as there were various relief programs and... View More
Signed deed over to ex, it was never submitted to the court. Through the years was not taken off loan. Ex let house go in foreclosure Got letter there is a surplus and half goes to me. Ex is saying because I signed over deed I am not entitled to it and wants to go to court. What should I do?... View More
answered on Dec 26, 2023
I see the issue as governed by whatever agreement you had with your ex regarding the house at the time of your divorce or separation. I suggest you go back to your divorce lawyer and see if anything can be done to access the surplus.
I am in foreclosure in illinois. My son was served and did not inform me of the subpoena until after the court date. I then found out the next court date and was present. The attorneys for the mortgage company pushed for judgement against me. I asked the court for more time and they granted me... View More
answered on Dec 22, 2023
Since there is a legal proceeding in place for the foreclosure, the best advice that I can provide is for you to retain an attorney to represent you in the foreclosure matter. The attorney can raise affirmative defenses that you may have available in order to defend the lawsuit.
answered on Dec 20, 2023
In most states merely paying back property taxes does not create an ownership interest. You should visit with a Washington attorney with all of the facts.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
answered on Dec 18, 2023
Read the recorded Deed of Trust, and a copy of the Note if available. Usually acceleration occurs, then default. Then three foreclosure notices in the paper before the Courthouse door sale. Usually anywhere from 45 days to 4 months.
answered on Nov 30, 2023
Not quite sure what your question is, however, in general there is a redemption period for most foreclosure sales - meaning that the homeowner is given a specified time after the foreclosure sale to still pay off the mortgage lender and retain ownership of the home. This is called the redemption... View More
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