Get free answers to your Foreclosure legal questions from lawyers in your area.
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... View More 
answered on Jun 14, 2021
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... View More
answered on Apr 12, 2021
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2021
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2020
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?
answered on May 1, 2020
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
answered on Apr 27, 2020
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.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2020
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... View 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2020
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... View 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 .
answered on Mar 31, 2020
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?
answered on Mar 4, 2020
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2020
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2020
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,... View 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... View More
answered on Feb 5, 2020
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2020
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... View 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?
answered on Dec 12, 2019
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2019
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... View More
answered on Nov 19, 2019
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2019
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... View 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.
answered on Jul 23, 2019
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.
The land that I sold is located in Atlantic City, NJ. I live in Randolph NJ
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2019
There is not standard cost for a foreclosure. Each case and the time that is consumed varies. What also matters is the value of the underlying property. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a... 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.
