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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.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: My home is in foreclosure process, but title has not been given over to the lender by the court. Am I able to sell.

I may need to sell for less than what the bank has as payoff amount.

Michael David Siegel
Michael David Siegel
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.

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1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

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

James L. Arrasmith
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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

1 Answer | Asked in Foreclosure and Products Liability for Illinois on
Q: Yes I would like to know how can I get my house back from my niece who lied to me stole it making money off my mother's
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Foreclosure for Wisconsin on
Q: My 91yo mother in law was sued & a lien/foreclosure put on her house by a condo assoc. she’s not affiliated with.

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?

Matthew McKenna
Matthew McKenna
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.

1 Answer | Asked in Foreclosure and Real Estate Law for Nevada on
Q: Can the bank foreclose on my home for 6 consecutive late payments?

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

Anthony M. Avery
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answered on Mar 12, 2024

Yes, the lender can foreclose. You might want to refinance or sell now.

1 Answer | Asked in Foreclosure and Real Estate Law for Mississippi on
Q: I am self-financing a property. The resident is now 4 months behind on his payments. What can I do?

I have texted reminders to him each m.onth. Property is in Lena, MS

Anthony M. Avery
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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.

1 Answer | Asked in Foreclosure and Insurance Defense for Texas on
Q: Can i buy a title insurance policy for a deed in lieu of foreclosure in Texas? I am the owner finance lender.
John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Yes, you can legally buy a title insurance policy.

1 Answer | Asked in Foreclosure for Michigan on
Q: If my home sold at sherriff sale to a bank n loan only in my name, deed was in her name can i make my ex leave sooner?

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

Brent T. Geers
Brent T. Geers
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).

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: bought a foreclosed property from bank. previous mortgagee is fighting back that foreclosure is fraudulent. What do I do

I have title insurance since I bought it is a second chance foreclosed property from xome.com platform

James Clifton
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James Clifton
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.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Hawaii on
Q: If making monthly mortgage payments, why am I in foreclose, and I have all my bank statements showing I have paid.

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

Blake Goodman
Blake Goodman
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...
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1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Massachusetts on
Q: I have an order from a judge that states my tenant has 14 days to vacate.

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

Phil A. Taylor
Phil A. Taylor
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

1 Answer | Asked in Employment Law and Foreclosure for Washington on
Q: a case of wrongful termination and or retaliation at work. i am now in foreclosure . as a result , what can i do
Brad S Kane
Brad S Kane
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.

1 Answer | Asked in Foreclosure for Tennessee on
Q: Does TN protect consumers from liability on an unpaid balance in the event of a 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

Anthony M. Avery
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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.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: Do we still have rights? House sold at auction in March 2023 due to unpaid mortgage. The unpaid was during covid!

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

James L. Arrasmith
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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

1 Answer | Asked in Foreclosure for Massachusetts on
Q: This is regarding a deed and a mortgage.

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

Christopher Tolley
Christopher Tolley
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.

1 Answer | Asked in Foreclosure for Illinois on
Q: Should i still file a answer and is there anything else i can do to prolong a judgment against me?

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

Michael Goldberg
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Michael Goldberg
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.

1 Answer | Asked in Foreclosure for Washington on
Q: true that if I pay all the back property taxes on a property that I will own it/ have the deed in my name? Washington
Richard Winblad
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Richard Winblad
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.

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Tennessee on
Q: Balloon pmt due on mortgage the day owner passes away.No will, no one on loan or deed, how long before foreclose?
Anthony M. Avery
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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.

2 Answers | Asked in Foreclosure for Michigan on
Q: I need help there trying to take my house an sell it an I need an attorney
David Soble
David Soble
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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