A foreclosure lawsuit is when there is a mortgage on a home, and the creditor files a suit against the homeowner, arguing that the homeowner has not paid the mortgage, and the creditor seeks to repossess the home.
You are talking about a "replevin" and an "order of delivery." That's different from a foreclosure. A "replevin" lawsuit occurs when someone claims that you have items that belong to him, and files suit against you,...
Timothy Denison's answer I’m not sure what you’re asking bc if you filed the petition, it was incumbent upon you to provide your correct address in the petition. You should not rely on a creditor to provide anything on your behalf.
Todd Laster's answer You can search to see if a mechanic's lien has been filed on your property by searching in the land records division of the Court house where the property is located. There is a fee for copies. If the creditor makes an attempt to foreclose on the mechanics lien you should be notified by a summons.
Richard Winblad's answer You are correct. A Contract for Deed is actually treated as a deed to the purchaser and a mortgage back to the seller. Because it gives the purchaser an interest in land the mortgage (contract for deed balance) would have to be foreclosed and sold at sheriff's sale. If it sells for more than what is owed the purchaser is entitled to that amount. If it sells for less than is owed you could be entitled to a deficiency judgment for the balance. You could bid on the property at the sheriff's...
Gary Johnston Dean's answer Not if you didn't sign the note and mortgage. If suit is filed, or they harass you, You should consult an experienced Family Law Attorney, in your area, for help with this problem. Good luck.
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You are not responsible for your parent's debts unless you cosigned. If there is a probate and there are assets, the creditors can only share in the proceeds from those assets. If there was a foreclosure in Oklahoma, in order for the creditor to have any claim they would have to seek and recover a deficiency judgment. If they didn't then you probably don't need to worry about any claims from that creditor.
Richard Winblad's answer I'm not sure that I understand your question. It sounds like the amount owed on the mortgage exceeds the value of the home. If this is the case there would be no proceeds from the sale to distribute to creditors or heirs. However, if you have made mortgage payments from your own funds and there is some equity, I would seek reimbursement of those funds prior to paying general unsecured creditors.
As to monies from bank accounts, you should certainly want an accounting.
Robert Donald Gifford II's answer If you intend to break your lease, you must normally do so in writing and allow the landlord the opportunity to correct the problem. If it appears you may be losing your residence and have already paid the rent for that month, you may consider filing a claim in small claims court for the money owed. The limit on a small claims action in Oklahoma is at $7,000.00. If your income is limited, you may want to contact Legal Aid or the law school closest to you may have a clinic to assist.
Todd Laster's answer It is best to be out of the home by the date of the Sheriff's sale. However, in Oklahoma you technically have until the date the Sheriff's sale is confirmed to be out of the house. The Confirmation of the Sale hearing is approximately 30 days from the sale date.
Howard Berkson's answer Foreclosure can be a complicated area of the law, depending on your circumstances. You should use an attorney unless you (1) have a good understanding of the relevant statutes and regulations, and (2) have good legal research skills to find relevant case law. Unfortunately, this is not an area of the law where you simply fill out a form. You should consult with an attorney.
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