After your default for 120 days, your lender or the lender's servicer may elect to send you a default notice or a letter of acceleration. Accelerating the loan means that they are calling it as fully due and payable now instead of over the regular loan term. They may also send you a 90-day...Read more »
You did not ask a question that can be effectively answered on this Q&A page. The attorneys on this page who answer user questions about foreclosure will all likely practice in this area. If you are searching for an attorney, you should be able to identify one here or perhaps through a Google...Read more »
If the state court issued a judgment of foreclosure, even if you believe that the note and mortgage were somehow void, your remedy would be to challenge that judgment in that court with a motion to reargue or an appeal to the higher state court. If you try to collaterally attack it in a bankruptcy...Read more »
You did not ask a question. If you are unhappy with the progress of your case, that is understandable given the situation you described. But other than the fact of several adjournments and a summary judgment ruling against you, you have not presented any facts which an attorney can analyze. Just...Read more »
I am the administrator of my father's estate. My stepmother who is predeceased my dad took out a mortgage in her name only several years before she died. My dad never had the mortgage changed to his name neither did he add it to any paperwork he just paid it when it was due. Since his death... Read more »
You are getting bad information. If you are administrator, you are entitled to information. If a foreclosure has not started you have time. However, you will have to reinstate the mortgage by paying all arrears to avoid foreclosure. The bank will not take partial payment. Hire a lawyer to deal...Read more »
The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »
The bankruptcy is still in adversary proceeding at this time. It will probably be there for some time longer.. Does this mean the bankruptcy is still considered open? Is the stay in place until the adversary proceeding is complete?
There is nothing stopping a lender from foreclosing after a bankruptcy is Discharged or Relief from Stay is awarded beforehand. The lender cannot begin foreclosure during a Bankruptcy case before the occurrence of either hypothetical.
Otherwise, no. There is no law the avails a grace period...Read more »
i was given a petition for forclosure and told that i need to be out of my home in 10 days... the loan is in my deceased wifes name any myself.. i had sent the paperwork 2 years ago to the bank for them to automatically take out of my checking account each month..i have a disabled daughter that... Read more »
You need to retain an experienced mortgage foreclosure and bankruptcy attorney. Your home can be saved. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography...Read more »
A Lis Pendens is a notice to the public that the property is subject to a lawsuit. What you really need to do at this point is to obtain an experienced mortgage foreclosure defense and bankruptcy attorney to represent you. During this pandemic, you have a choice of either seeing your attorney in...Read more »
Notice of pendency we are extended extensions to sell the house to them we have only received from them loan applications and not the commitment letter from the bank I'm really lost and I don't no longer know what to do is stating on real estate sites that it is pending sale but it is... Read more »
It sounds like you should call an attorney who does real transactions for properties in foreclosure for a free consultation. Instead of trying to do everything yourself, it may be work checking with someone that you are not being ripped off.
It sounds like he is in a foreclosure matter based on a notice of pendency. If he does nothing, eventually he will lose the house. If he starts replying or looking at loan modification, he can save his home. He just needs to start taking action.
The mortgage guarantor sold our home through foreclosure sale to a 3rd party servicer through a referee's deed. There was no note attached to the mortgage. The servicer has no standing or interest in our home. The trust associated with the house is closed.
You haven't provided enough information for anyone to provide an answer.
With this said, New York is a judicial foreclosure state, which means that a foreclosure cannot happen without a Court Order. The process tends to take quite a long time, so it's extraordinarily doubtful that...Read more »
Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.
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