My home went into foreclosure in 2020 and I sold it 2 weeks into the redemption. I got a 1099-s, discharge of mortgage from the vice president of the company and a closure of account. I also walked away with a check from the sale. I am being told that I have a $26,000 balance on my credit report... View More

answered on Feb 15, 2023
This is FAR more detailed and complicated than can be properly dealt with in a public forum like this.
At a minimum, your attorney will need to see all the written documents (like that 1099 and discharge of mortgage) and look at the documents recorded with the register of deeds.... View More
The sba loan was discharged, the problems is, everytime I try to refinance my house, they still block the refinance and demand the $24000 , and banks back away.
Is this legal what they are doing or illegal?
What can I do for them cease-and-desist?

answered on Feb 13, 2023
The bankruptcy discharge prohibits a creditor from demanding payment of a discharged debt. However, it does not require a prospective lender to lend to you. Therefore, it is illegal for the creditor holding a discharged debt to try to enforce it against you, but legal for a bank to deny you a... View More
I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... View More

answered on Jan 24, 2023
The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... View More
I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... View More

answered on Jan 24, 2023
Let me rephrase your question slightly and see if you don't spot the 'common thread' here and what you need to do to 'stop the cycle':
1) I bought land without having an attorney review the transaction.
2) I had a real estate agent who is NOT an attorney... View More
I did not pay my HOA dues for 2 years. My fault completely. I received a foreclosure filing over $725. The filing attorney wants $2,100 for filing what should have been a small claim.
I sent an email to the HOA explaining that I would be sending 3 payments to cover the past due. They sent... View More

answered on Jan 17, 2023
You need to be in contact with your own attorney pronto. Whether it's necessary or insane isn't the question; is it legal? People lose houses for unpaid water bills and taxes that equate to a fraction of the home value. Likely, one of the remedies available for breach of contract for... View More
The lot was own by the hoa, not the developer who was out of the picture. Since it was the hoa that lost the property I feel they have no claims to my property that I purchased in good faith. They claim I have to be in their hoa which I want no part of.

answered on Sep 19, 2022
If the lot is included in the HOA and the HOA properly recorded that fact and the HOA still exists, you're likely 'out of luck'. If you didn't want to be part of a HOA you shouldn't have bought the property. Now, as a MEMBER of the HOA you can probably take steps to... View More
Inowed 2000 for a 20000 bond that I put. Y house up for the charge was dropped shortly after I bonded out but I owed the 2000 still about a month after I got out w no contact the bondsman came and took my 2008 Jeep Patriot 4x4 he said that he would notify me of the remainder balance after he sold... View More

answered on Sep 16, 2022
Get a lawyer as soon as possible regarding the house auction. There should be a court file number, and documents may indicate a lawyer who represents the bondsman, whom you should contact regarding payment.
As to the car, it's likely as part of the bond contract, you signed over title... View More
I received a forfeiture notice today my land contract do not have a forfeiture clause does she have to foreclose

answered on Jul 29, 2022
When it concerns a Michigan land contract, default remedies must be spelled out in the provisions of the agreement. The legal language must give the seller the ability to proceed with a forfeiture, otherwise, the seller will need to proceed with other remedies. See more about land contracts at:... View More
I received a forfeiture notice today my land contract do not have a forfeiture clause does she have to foreclose

answered on Jul 28, 2022
If you only have a Contract for a Deed, then it is a Lease with Option to Purchase. No Foreclosure is involved, but usually an Eviction proceeding and they keep your paid rent. Hire a competent MI attorney quickly to fight loss of possession, and possibly make a claim in Equity or Breach of... View More
I want to claim leftover proceeds from 2017 tax auction. I owed $1,500 selling price was $29,000

answered on May 16, 2022
I'm not sure you have a claim after so much time has passed, or if it would be financially worth it for you to pursue. Generally, when houses are foreclosed and auctioned, the taxes get paid and the bank or mortgage company get what they get. Sometimes they win big; sometimes not.
I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years

answered on Mar 21, 2022
Bankruptcy has the ability to stop a wage garnishment, with a few exceptions. I suggest that you contact a local bankruptcy attorney to see if Chapter 7 is a viable solution for you.
I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years

answered on Mar 21, 2022
By the information you gave in your question, a judgment was entered against you a long time ago, and your state income taxes have been garnished by the judgment creditor. Because of the length of time and the doctrine of res judicata (meaning: the thing has already been decided), you cannot set... View More
We appealed at least 3 times and during the last appeal, mortgage co repeatedly told me that they needed more time. Final call to mortgage co to see what was going on they told me we ran out of time because the house sold at auction on that very day. They said they sent a notice which we did not... View More

answered on Nov 10, 2021
You have two issues: foreclosure and eviction. The foreclosure may well be a lost cause at this point. I'm unsure anyone has a right to a modification. The notice requirement is satisfied when sent by court rule or statute.
Quite frankly, the best use of your time, money, and energy at... View More

answered on Mar 29, 2021
An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non... View More
i am storing a camper for a customer in my mich storage yard. customers daughter states mother has died and missed 2 camper payments. A repo comp wants to take camper, what docs. do i need to see to allow repo comp to take camper?

answered on Mar 10, 2021
You would need to contact your lawyer to advise you on what your storage contracts say, and your legal rights and obligations here. You do not want to errant, and caught in the middle here between the repo company and the estate.
Ordinarily, though, there should be some court orders... View More
The loan is almost paid off and I want to continue living there as I have for my entire life. It’s our family home. It’s an owner occupied rental property w 4 units. Because of a fire and Covid-19 I have fallen behind on the loan payment and she wants it to go to foreclosure in a month rather... View More

answered on Dec 12, 2020
A quit claim deed from her is likely the best option but before you decide what to do you’d be well advised to consult with a local licensed attorney to insure that you don’t End up with larger issues.
If she quit claims it she will have no obligations to answer your specific question... View More
i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

answered on Jul 6, 2020
If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.
Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it... View More
We are facing foreclosure, so we applied for a modification & our servicer put the proceedings on hold with their attorneys while a a decision is made. Saturday, my online account showed there was a decision made, but the mod Dept says there hasn't been any decision. I contacted the... View More

answered on Mar 23, 2020
With the current pandemic, if your loan is an FHA or FNMA loan, there is an adjournment of foreclosures for 60 days right now. If the virus still lingers, then I speculate that further mortgage foreclosure relief will be coming. Nothing can happen in the foreclosure process and the lender will... View More
The notice is from a law office and they are also offering to by back the key to leave a month after the 10 day notice to vacate. I’m confused and I just want enough time to move all of my belongings

answered on Dec 18, 2019
"Cash for keys" is a common offer to persuade a resident to vacate earlier than scheduled. In your case if there is a court ordered eviction date, you must follow the court order. Have you been to court for the eviction hearing? Is there an eviction order signed by the judge?
We were notified about default/intent to foreclose. Notice was published in paper with sale date for March 2019. We applied for modification and during this sale was postponed until May 16th. Foreclosure proceeding were stopped while reviewing but we were denied. We appealed denial. Were they... View More

answered on Dec 9, 2019
The lender's attorney only has to file an adjournment of the sale with the County. They do not have to restart the publication from the beginning. Based upon your narrative, it seems that the attorney continued with a weekly adjournment of the sale while your appeal was pending.
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