Elaine Shay's answer According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from the property until the auction unless a receiver or other type of order impacting rent collections had been entered.
Michael David Siegel's answer Let me clear up a few issues. A "statute of limitations" refers to the time to commence a suit. Your case is commenced, so this no longer applies. Once commenced, there is no amount of time in which a case must be completed. Many cases remain open for years.
Michael David Siegel's answer Your question is unclear. Surplus is claimed after the sale. You say you are about to lose your home. Creditors with judgments are named in the foreclosure as the judgment liens impair title. These entities can claim the surplus too.
Michael David Siegel's answer You owe it, or there will be a tax foreclosure. The bank might pay it, but if they have not yet, the bank is not likely to do so in the future. The tax foreclosure goes like a regular foreclosure.
Jonathan David Warner's answer No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.
For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you...
Jonathan David Warner's answer Not really. The military protections consist largely of making sure that those serving on active duty are not foreclosed upon in absentia. With that said, there are loan modifications available through the VA and/or Ginnie Mae that are specifically designed to give those associated with the military a leg up.
Your next best step is to consult with an attorney who is familiar with Loss Mitigation Procedures and Foreclosure Law.
Jonathan David Warner's answer It doesn't sound like the co-op sale was wrongful, so much as you might not have had a fair opportunity to combat it (due to alleged attorney failure).
Consider reaching out to new counsel in an effort to rescind the sale. If necessary, the filing of a Chapter 13 Bankruptcy could allow you to claw the property back - but you'll want to carefully review this matter with an attorney prior to making any final decisions about your legal strategy.
Derek John Soltis' answer There is no longer any laws that mandate a bank give loan modifications except under FHA loans, and even then there are tight deadlines. You should contact Shellpoint about a loan modification, while pointing out you were waiting for an answer on your appeal.
Derek John Soltis' answer Hiring an attorney that knows how to defend a foreclosure lawsuit and all of the other options available will normally get you more time than if someone files an answer themselves.
If you want to go over all of your options or have an attorney review your case, you need to reach out to an attorney. Not every attorney understands foreclosure, so make sure to find someone with experience.
Derek John Soltis' answer One lender can take the place of another. Was the case ever dismissed along the lines? You may have other defenses that you are not aware of. Have an attorney review your complete case.
Michael David Siegel's answer This is a very bureaucratic process. Keep appealing and filing for it. However, maybe you do not qualify based on something more obvious, like it is not your primary residence.
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