Get free answers to your Foreclosure legal questions from lawyers in your area.
Named executor thru probate court. Sole heir to the estate. Bank itself has never challenged standing in multiple complaints filed against them (a 3rd party is trying to). Bank seems to have listed me on all correspondence and foreclosure related court filings. Successor in interest form was also... View More 
answered on Jun 25, 2024
I would think an executor does have standing to contest a foreclosure but what is the basis of the objection? Did the bank fail to advertise, fail to advertise adequately, fail to hold a public auction, fail to comply with statutes relating to foreclosure, fail to conduct the foreclosure sale... View More
I have never been paid any interest & want to keep family property safe. I have already paid off one other foreclosure on the property to keep it safe. It is shared (TIC) with his niece. I do not want to force sale of the property when he dies to get my money, so would like to deal with this... View More
answered on Aug 1, 2023
So I understand correctly, your ex owns the house as tenants in common with his niece and you have a mortgage on his interest in the property only. You propose to accept a deed in lieu of foreclosure of his interest in the house. Following such a transfer, you will be tenants in common with the... View More
It doesn't show on credit report and they want to auction house now after 12 years. Don't care about the house but don't want to have to file bankruptcy 12 years after the fact. We haven't lived there for 12 years.
answered on Apr 17, 2023
The statute of limitations for a suit on a promissory note in Massachusetts is six years from the date of breach and the limitations period can be extended by part payment. If you stopped paying more than six years ago and did not subsequently make partial payments, and there was nothing that would... 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
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.
My brother and I do not want this house. It had a mortgage on it. Both parents are deceased. I called my probate attorney in the county the house is in and because it the document we were served is for the United States District Court in Northern District of Texas, he does not handle federal (?)... View More
answered on Aug 23, 2023
I suggest you ask the probate attorney to give you his thoughts on what relief the plaintiff bank is seeking in the complaint. He/she should be able to do that just by reading it. Then you can start looking around for an attorney who handles that sort of case. I represent lenders in foreclosures... View More
On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... View More
answered on Jul 13, 2022
A Chapter 7 bankruptcy sounds like it may be in her best interest at this time however I can not say this absolutely without a full interview. You can call me or another experienced bankruptcy attorney and they should be able to give you a good solid answer and plan to move forward. A chapter 7... View More
can I negotiate a price due to the shape it is in? It needs a lot of work. I had it appraised, but it's still too much. Also, who holds the deed to the house. The heirs or the bank. I have seen enter into a deed instead of foreclosure, but I want to buy the house. Any help would be great.... View More
answered on Jun 24, 2020
Typically in a reverse mortgage scenario, the borrower does not Deed the property to the bank. It remains in their name. Deeds are public record, and quickly accessible online. http://www.masslandrecords.com/ Click on your county and search with name or address.
In most cases, when... View More
She’s responsible for all costs associated with the home per the divorce decree. I have a perfect credit score and I really don’t want this to screw things up. She hasn’t paid it in 2 months. I’m really not sure how to go about this.
answered on Dec 10, 2019
Short answer: Yes, it will hurt your credit. If your name is on the mortgage and it is being reported to the credit agencies, then as soon as that mortgage is reported as late that will be a ding on your credit. You can dispute your responsibility for the expenses with the agencies, but until... View More
Or should we declare bankruptcy (Chapt 13)? If we do, will we be allowed to sell the property ? Obviously, we do not want to lose the house. I am 71, my spouse is 66, & we have resided here for 26 years. We are seeking pro bono help if possible.Thank you...
answered on Feb 10, 2019
The attorney general and banking commissioner both have foreclosure units. You should contact them and legal services. If you are willing to sell the house, you may be able to work something out with the bank's attorney to get time to do so.
I was awarded house in divorce my name is not on mortgage and the only one on deed, how can I get it back before foreclosure?
answered on Jul 18, 2018
Unfortunately, the lender can foreclose on the mortgage even though only your name is on the deed and only your ex-husband's name is on the mortgage. As long as the mortgage was validly created, regardless of who gave it and who currently owns the property, a lender is always entitled to... View More
I recently bid and won a property thru foreclosure. I have not closed on the property but was notified by the current owners, thru their attorney that there has been a motion filed for foreclosure for the current tenants. Frankly, I have no interest in pursuing this property compounded with the... View More
answered on May 28, 2018
Foreclosure auctions are generally governed by this statute: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section14
When you gave your deposit you would have signed a contract with the auctioneer. That contract determines the specifics. You need to start by having... View More
answered on Jan 23, 2017
It might damage your credit, and that might serve as an obstacle to acquiring future loans. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
