Get free answers to your Foreclosure legal questions from lawyers in your area.
I am in Hawaii, and a "debt buyer" is attempting to foreclose on my property over a second mortgage. This mortgage was part of a promissory note that was discharged in bankruptcy over five years ago. At that time, my first mortgage was modified to defer past due amounts, while the second... View More 
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answered on Mar 31, 2025
If the debt, apparently a note, was actually discharged in BR, then there is nothing for the mortgage instrument to secure payment of and is void. Check out the BR carefully to make sure the debt was properly listed and discharged. The collection may be in violation of BR law. A possible... View More
I'm facing foreclosure proceedings on a mortgage that was discharged in Chapter 7 bankruptcy fourteen years ago. The second mortgage debt was never reaffirmed, and there was no contact from the mortgagor or its successors for over ten years. The company currently filing the foreclosure... View More
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answered on Apr 3, 2025
I answered this same question about a week ago from the same inquirer. Yes, they can foreclose because the lien was not discharged. The new creditor has in rem rights against the collateral backing up the original, even though now discharged, debt.
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
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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 case recently got dismissed due to statute of limitations, is this a good thing? Is it okay for her to not pay anything while the case was ongoing? Is she off the hook now since the case got dismissed?
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answered on Feb 25, 2021
To determine your aunt's situation she needs to at least consult with an experienced HI mortgage foreclosure defense attorney to evaluate the situation. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for... View More
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