I moved out 3 years ago and my ex still lives in the house. I refuse to sign any type of Short, Quick sale, agreements, remodafcation mortgage papers etc, before the 12/13/2019 deadline. does she have any type of recourse to go ahead and sign said papers on my behalf without my knowledge?... Read more »
No, you cannot be coerced by a foreclosure court or probably any other judge to sign off on any of the types of consensual agreements that you list. Probably the more important question is about what you hope to accomplish by your refusals....Read more »
Risk of loss follows title to the real estate. You do not say whether the foreclosure sale has been held, or whether the sheriff's deed has been issued to the successful bidder. Nor do you say who caused the cancellation of the home owners insurance. But, "can" you cash the refund check? Yes....Read more »
Normally, it takes about 3 days for the Sheriff to deliver the deed and the Registrar to record it. The timing of when current occupants need to leave is largely up to the buyer at the sheriff's sale. He/she can file an ejectment action when he becomes record owner. Those ejectment actions...Read more »
My mother passed away Dec. 2018. She had a reverse mortgage on her home. According to her will, I am ineligible to purchase her home, that option was only given to one of my brothers. What, if any is my legal responsibility, and what can I do to remove myself from the lawsuit?
Inasmuch as it appears that there is no remaining equity in the property, and the property is in foreclosure so that the entire remaining balance of the debt is now due and payable, you can extract yourself from the foreclosure suit (assuming you did not sign any note or guaranty of the mortgage...Read more »
We got behind on our mortgage and received mail saying we could apply for a loan modification. This process started last August 2018 and the company had us pulling paperwork, pay stubs, etc, even had us mail cashier checks for $1900 4 different times, the last contact with them was the beginning of... Read more »
Depending upon the remaining amount of your mortgage arrearages (missed payments plus late charges and accrued interest), yes, there are alternative ways to stop, or suspend, the "pre closure process".
I assume you have received a letter notice of intent to foreclose, but you don't specify...Read more »
In August I received a letter to pay my rent to a trustee. I have been doing that with the intent to purchase my house at the Allegheny Courthouse this February. Now my landlord served me papers saying that he filed Chapter 11 and that if I attempt to buy his house that he would sue me. He also... Read more »
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...Read more »
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.
I am interested in properties at Sherriff Sales but want to know if anyone can represent me to approach the owners and buy these properties ahead of sales to avoid bidding situation. If so, how do you charge your fee?
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.
I already had a Conciliation Conference, which did no justice, and I felt as if it were to get me to say I was the last surviving member of the family. It is her home and noone has been there since she passed.
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,"...Read more »
We live in husbands grandmothers home, were supposed to buy it according to her will after she died but her named executrixs refused to open will and now home is in foreclosure and going for sherrif sale at end of Sept. We have lived in home for 9 years, now buying another home...first one fell... Read more »
I was unable to sell my old house because we owe more than it is worth. I decided to rent it out to avoid foreclosure despite having a clause in the mortgage saying we cannot rent it. Two years later we are in the process of evicting the tenant because he is always late with payments and is now... Read more »
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...Read more »
My husband added me to the deed after he bought the house. We are way behind with the payments. If the house is foreclosed I am going to lose ownership too . I am in the process of separation with my husband and I live in another state. I don't want to lose the money I spent for years on the... Read more »
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.
My husband bought the house before our marriage. My name is not on the mortgage and I have never signed any permissive note. My husband added my name to the deed because i am paying the mortgage for years( he is jobless for years). The house is at risk for foreclosure because I can't make the... Read more »
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...Read more »
Been out of work since 9/17, foreclosure has started. I called laurel legal services for free help but was told I'm not eligible since I'm out of work. Can't they work out terms while you find work or get disability? I am so afraid I don't know what to do and I have no money at the moment to pay... Read more »
My parents are 80. My mother has Alzheimer's. Obviously I don't want them to be homeless. There is no family money and their lending agency (Bank of America). Can they declare bankruptcy and keep their home?
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...Read more »
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...Read more »
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...Read more »
We paid every month except December (hard times with sons medical issues) and have our bank statements as proof. Though they are claiming we haven't paid since August. Where should we go from here? Contact the bank lawyers with our proof of payments or get our own lawyer?
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...Read more »
Am I still responsible for the payment of the sewer bill even though we moved from the foreclosed property? They said I was responsible until the house deed changes names. That could be a year if it doesn't sell. What course of action can I take to get my name off the county tax assessment records,... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.