W. J. Winterstein Jr.'s answer To answer your questions, I'd need to see what has been filed by your landlord in his Chapter 11 case, including what orders have been entered authorizing him to utilize his lenders' cash collateral (the rent you pay would most probably be part of that cash collateral). In addition, we'd need to know what kind of "trustee" sent you the August letter, and by what authority that trustee is acting.
I have to assume that your intent to purchase your residence next month at the Courthouse...
Kathryn Hilbush's answer No idea. I'd google it and see if you can locate the information about the particular lawsuit you're interested in. I tried but, not knowing why you believe you may be eligible to apply to join one of the several lawsuits out there, my ability to come up with any sort of suggestion was too limited.
Evan Charles Pappas' answer Our firm could assist with this work provided that we do not have any conflicts with the foreclosing bank/lender and would charge for this work on an hourly basis. Feel free to schedule a confidential phone or in-person consultation for more information.
Cary B. Hall's answer When litigation is filed -- including mortgage foreclosure cases -- the named Defendant must be served with the suit papers in a particular way, and there is a time limit for this to occur. If service is not made within this initial time period, the Complaint must be "reinstated" or "reissued," and then the time limit starts over for the Plaintiff to try to serve the suit papers again.
W. J. Winterstein Jr.'s answer In the vast majority of foreclosure cases, the question is not whether the Mortgagee noteholder will when, but when. You say the property is "my old house", but that your wife now owns it. You do not, however, say when that transfer of title occurred, nor what money or other value exchanged hands at the time of the transfer. Nor do you say whether you remain personally liable on the Mortgage Note. If the Mortgage holder has not removed you from the Note, your credit rating will suffer as a...
Elizabeth Tarasi's answer The bank forecloses on the property and they take the money necessary to pay what is owed. You will lose all rights you have in the property if it is foreclosed on. If your husband wants to pay you for what you have paid on the mortgage he can agree to do so.
W. J. Winterstein Jr.'s answer The mortgage lender can foreclose on the "whole house", inasmuch as adding you to the title after the Mortgage was recorded makes your ownership interest subject to the Mortgage lien. It the Mortgage holder forecloses, even if you never signed the Mortgage or Note, and the property is sold at a foreclosure sale, your ownership interest will be extinguished.
There are several work-out options available to home owners facing foreclosure, and you should immediately investigate your...
W. J. Winterstein Jr.'s answer A chapter 13 bankruptcy proceeding is designed to enable debtors to keep their houses. There are debt maximum limits, however, and a Chapter 13 debtor must be receiving "periodic income" with which to fund a plan. Social security payments qualify as periodic income, if sufficient in amount to fund a plan to cure mortgage arrears, over and above necessary living expenses. Once a bankruptcy is filed, the arrearage amount ceases to earn interest.
W. J. Winterstein Jr.'s answer The seller's obligation is to deliver clear title to the property at the settlement/closing of the purchase. In other words, the existing mortgage lien must be released, and the only way the mortgage holder will release is to receive full payment (or some other negotiated amount). I strongly recommend that you get a pay-off figure from your mortgage holder, and alert them once you have a signed offer, and ask that they provide a release of mortgage at settlement. I'd think they'd be happy to...
W. J. Winterstein Jr.'s answer To provide a reliable response, I'd need to examine the Note, Mortgage, and Notice and foreclosure Complaint, but short of that, if you have not signed the Note or otherwise committed to the foreclosing Lender to become liable thereon, you should have no personal liability for the Mortgage indebtedness on your mother's property, except that your ownership interest in the property may be divested by entry of a foreclosure judgment in favor of the Lender.
W. J. Winterstein Jr.'s answer For the most part, lawyers only do what their clients direct them to do. In your case, it appears that the mortgage holder, or designated servicer of the mortgage loan, has decided to foreclose. And yet, once a party has "lawyered up" about a matter, you are bound to direct communications to the designated attorney representing that party.
I would recommend that you provide documentary proof of payment (canceled checks, or proof of debit transactions, etc., from your bank, showing...
Peter N. Munsing's answer You need to contact an attorney in the county where this happened who handles real estate litigation. Were you or the estate listed on the tax bills? How would they know to contact you? Why didn't you just pay the bill if you were the sole heir?
These are questions anyone trying to unravel this will need to know.
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