Yes, they can foreclose at any time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, the sooner the better.
Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... Read more »
My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.
My father tricked/intimidated my mother into getting a 2nd mortgage in her name alone. They are both on the deed. He had the bills go to him at another location then stopped paying. He refused to agree to any solutions (sell, refinance, etc) & has liens against him on the home. He won't... Read more »
Hello,
Your mother should reach out to an attorney that would work with her. She may have options, but trying to tell you to tell her what they are based on the little information you provided is not likely to be helpful.
how do i find out if there was a judgement against me? I did not receive anything and the auction sale was 11/2018
The mortgage company has a substantial amount of time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney to eliminate this problem for you. If the property sold at sheriff sale for less than what is owed (a virtual certainty in 2018) then there is a... Read more »
Two years ago, our house for foreclosed but it was within 8 months or so and auctioned off, before that they increased our mortgage payment by nearly $700 and from the initial payment agreed on. This put our family in great financial distress, eventually they auctioned off to a price, less than... Read more »
From what you stated, there is no basis for you to file a lawsuit against the lender. In addition, if you file a frivolous lawsuit in NJ, you can be held liable to the other party for legal fees and expenses.
The memo states for mortgage with (bank name and address of property). He was cashing the checks and never paid the mortgage unbeknownst to me. I am now in forclosure. Can I sue for fraud?
Yes you can try to sue him for fraud, however you posted this question under criminal law and it may be a civil case not a criminal case, but more information would be needed to be known to determine this. Hire a good lawyer to determine your best options.
Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices
If you are in GA, you need to talk to a GA attorney about current case law. Most info you find online is out of date and not current case law.
If you think you can win without an attorney, you sound like someone that thinks they can perform their own appendectomy without a doctor.... Read more »
The property will be sold at sheriff sale, when it is scheduled for sale. There is no way of knowing who will be able to purchase the property, but what you also need to know is that you really need to file a Chapter 7 Bankruptcy to eliminate this debt and others. Right now with state of the art... Read more »
Do I need a lawyer if my mortgage company accepted the terms for a loan modification but they foreclosure has yet to be formally discharged
Yes you should retain counsel to examine everything. Mortgage companies typically do a trial modification prior to granting a permanent modification. So retaining an experienced mortgage foreclosure defense attorney to review everything and make certain that this matter is resolved properly is an... Read more »
The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .
I’m not really sure if your grandmother is trying to save her one or not. I would need more information I would suggest contacting a Bankruptcy lawyer in Florida where your grandmother lives.
The application is on a DJ docket number so the case has been closed. How can I resolve this matter best, as I cannot afford to lose my wages or afford $158,000?
if you already have a wage garnishment against you, bankruptcy would likely be the most viable option to wipe out the debt and remove the garnishment. schedule a free consultation with bankruptcy attorney to discuss your options. most of us bankruptcy attorneys offer free consultations and flexible... Read more »
Hello - last year my loan was sold to Rushmore Loan Management and I tried to do a modification with them. What followed was a disaster and finally I had to sell my home for less than its value after they waited 6 months and refused to take any money while they made their decision. They decided... Read more »
Your situation is very complex and unfortunately all too common. Whether or not you have a viable lawsuit would require an in person consultation and a document review, which would be more than what attorneys would normally offer in a free consultation. If you actually have a viable case, an... Read more »
YES! Prior to filing a complaint in foreclosure, the mortgage lender must send the homeowner, via registered or certified mail, return receipt requested, a Notice of Intention to Foreclose. This is one of the most important protections that the Fair Foreclosure Act gives to homeowners. However,... Read more »
I am overwhelmed and there is too much stuff now packed into the storage units. I can’t even pull things out for the organizations to take stuff. I have one month before the first group is due in about a week after that the second group is due. If I have to pay all of these I will not be able to... Read more »
I am sorry to hear about your situation. Have you looked into any of NJ's state assistance programs?
https://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/Programs-Prevent-Eviction.aspx
Is curing a default when a mortgage is in pre-foreclosure by the due date in a notice of intention to foreclose letter sent by the creditor to the mortgage debtor in New Jersey using up the once every 18 month reinstatement privilege New Jersey offers the mortgage debtor? Basically what I’m... Read more »
Your question(s)/statements are confusing and not legally or factually accurate. It sounds like you are playing Russian Roulette with a house that you cannot really afford, and could probably end up losing. You need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, so... Read more »
-essions including all light fixtures and builtin appliances. Is this legal and can I be sued by the bank for acting as an agent?
The thinking normally goes that until the house is actually foreclosed, the owners own the home. However, that is flawed. When someone strips the home, like you are suggesting, they can get in trouble. Many banks submit an insurance claim to the existing insurance company to cover any damage and... Read more »
The bank foreclosed earlier this year. I was not involved at all. I had long vacated the property and was not healthy enough to follow-up with anything. The condo sold for more than the mortgage balance so there are funds that should be returned to me after their fees, etc. How do I start this... Read more »
You really need to retain an experienced New Jersey mortgage foreclosure defense attorney, so the attorney can obtain an accounting and the surplus funds that you are entitled to. This is not something that you can do on your own.
My girlfriend is separated from her husband. The house mortgage is solely in his name, but they are both on the deed. He has defaulted on the mortgage and the lender has already started the foreclosure process. My girlfriend showed up to the first court appearance and told the lender that she would... Read more »
I am sorry to hear about your girlfriend's situation.
You need to have her talk to an attorney. There are too many things that are happening in the foreclosure to tell you to tell her what she needs to do. She needs legal advice based on her situation.
There are many... Read more »
Due to a hardship years ago I fell behind my mortgage by 2 months. It remained that way for years. My town taxes went up by $47 Without my knowledge. Which caused my payment to go up. I didn't know it and sent in the normal payment which 2 weeks later was returned to me as a non full payment... Read more »
Thank you for your service to our nation. In order to determine exactly what your situation is, an in person consultation and document review is essential. Do not waste your money with any non-attorney or forensic loan audit, they are both just different forms of con-artists. You will need to... Read more »
I'm trying to get a new mortgage, and the Florida mortgage company where I now live is asking me this information and wanting documentation. I don't know where to look to find it.
If you had an attorney they can pull your file for you. If you didn't have an attorney you can either go to the court to get a copy or reach out to a bankruptcy attorney and they can pull your filing. It costs $0.10 a page for an attorney to download documents from Pacer.
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