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While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More 
answered on Aug 25, 2023
Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.
In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship... View More
Hi im jermain I do asset recovery I audit time limited information from government agencies in order to find the claimant owed the money, I then charge a contingency fee for hours of work put into finding the claimant rightfully owed the money from the government, sometimes the claimant owed the... View More
answered on Aug 20, 2023
Another form question? Have a free telephone consultation with counsel.
Jack
by and between client and agency it could be a partial assignment of rights, or it could be a full assignment of rights, by and between a client and agencies
answered on Aug 20, 2023
Not that I have ever heard of. What are you trying to do?
Jack
Is restarted. On03/2023 defended defaulted can the lender start a new action.after f.a.p.a. went into law.and its passed statu lim.from first action
answered on Jul 6, 2023
You need to have a foreclosure defense attorney look at your file to evaluate your options.
Default on 06/2023 can the plantif bring a new action or its barred 6year statu limitaion from aclerrated 2015 pmafter f.a.p.a.the mod.doesent say to restart 6 year statue limitations
answered on Jun 29, 2023
I need to look at the case. It depends how the stip to withdraw was worded. there is caselaw that suggests that since the loan was accelerated, then once the matter is withdrawn or dismissed, he statute of limitation applies.
The Lender brought a prior action on 06/10/2010, according to FAPA the Statute of Limitations began to run as this action was voluntarily dismissed by Lender. This was not dismissed by a Court.
The Lender started a new action with Lis Pendens, Summons & Complaint on 03/30/2011; however,... View More
answered on Jun 19, 2023
Your question presents a complicated factual scenario; it is unclear for example, when the case you are asking about was filed. You indicate that the second case was filed in 2011, but also that a lis pendens was filed in 2016. Was that LP filed in connection with a third case? Statutes of... View More
I spoke to an attorney a few years back who advised if I wanted to pursue the property I should be prepared to spend thousands & thousands of dollars which I'm not prepared to do. My question is do I just wait for everything to play out and be contacted by the courts on the outcome.... View More
answered on May 9, 2023
If the property is in foreclosure and you have an interest in the property (not clear from your fact pattern, since you said your mother's husband owned the property) you most certainly do not want to wait to see how everything plays out.
The court will only contact you for things... View More
answered on May 5, 2023
Can you provide some more details? What kind of case was this related to?
The person claiming to be the lawyer of said person is said person's ex brother-in-law and married to the POA of said person's ex husband
answered on May 4, 2023
In the absence of an unusual circumstance such as where there has been a guardian appointed to represent the best interests of the principal, an attorney cannot represent someone without the principal's knowledge and consent to do so.
answered on Feb 27, 2023
I don’t know where you are seeing that, but it would mean that it was purchased by the lender at the auction rather than by a third-party buyer. Because the lender can bid with credit (i.e. the amount they are owed), it is most common that the lender takes title at the sale auction.
My mom took out a loan without my dads consent m. They are both deceased and we are liable
answered on Feb 25, 2023
If you did not sign a note, you would not be personally liable. However, if the note is secured by a mortgage, the ownership interest of whoever executed the mortgage would be encumbered by the mortgage lien.
Based on the facts you indicated, your mother’s share would be subject to the... View More
If there are costs such as filing fees, you would be expected to pay them at the time they are incurred. Based on the informaton on the docket, you likely will incur an RJI fee and motion fee totaling $140 if you want a motion made for permission to amend your answer. (alternatively we offer a... View More
answered on Feb 16, 2023
I personally would not opine on the fees and fee structure of an attorney your are considering to represent you, especially in a legal Q&A forum like this where we would not have all of the facts surrounding your case and the firm. If you are not comfortable with the fees, you could speak to... View More
answered on Feb 3, 2023
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... View More
Federal case- violations by mortgage servicer, of RESPA, QWR, NOE and more- also, lacks standing due to missing along and assignments
answered on Jan 12, 2023
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... View More
Refinance was canceled 8 years ago, and lender was allowed to proceed with void mortgage and note in state court.
answered on Dec 28, 2022
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... View More
5 more time and then that judge that gave the order was no longer the judge and the new judge ignored the previous judge order saying it’s wasn’t on e- filing to review and then did a summary judgment
answered on Dec 25, 2022
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... View 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... View More
answered on Sep 9, 2022
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... View 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... View More
answered on Jun 24, 2022
1. Different counsel? Not relevant. Happens all the time.
2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.
3. Recourse? Make motion in court that entered judgment to vacate on improper service.
4.... View More
paragraph 9 or 10 in the note the waiver notice of presentment and notice of dishonor means in leyman terms
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answered on Apr 16, 2022
You cannot determine the specific meaning without seeing the entire document. Any attempt to speculate is not going to be useful.
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?
answered on Apr 1, 2022
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... View More
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